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DEC    7   1300 


LIBRARY 

OF  THE 

University  of  California. 

Accession _.^542(> Class 

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DIGEST  OF  LAWS 


RELATING  TO 


Free  Schools 


IN  THE 


STATE  OF  ARKANSAS 


AND 


FORMS  FOR  USE  OF  SCHOOL  OFFICERS, 

COMPILED  AND  ANNOTATED  BY  JUNIUS  JORDAN, 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

Off    TUP  ^ 

UNlVdrxSITY    ]) 

. rrv r ,"' 


LITTLE  ROCK,  ARK.: 
LITTLE  ROCK   PRINTING  COMPANY. 

1897. 


CHAPTER    CXXXIX 
OF 


SANDELS36  HILL'S  DIGEST 


I.     SCHOOLS. 
Section 

free  schools— support  of. 

6930.  The  state  ever  to  maintain  free  schools;  who  may  receive 
^^  gratuitous  instruction. 

6931.  State  taxes  for  support  of;  limit;  per  capita  tax;  additional 

taxation  may  be  in  school  districts;  limit. 

COMMON  SCHOOL  FUND. 

6932.  What  moneys  and  other  property  constitute  this  fund;   to  be 

invested. 

6933.  County  courts  may  place  certain  funds  to  credit  of  school 

districts,  when. 

6934.  Principal  arising  from  sale  of  sixteenth  sections  shall  not  be 

apportioned  or  used. 

6935.  Certain  townships,  when  not  entitled  to  proceeds. 

6936.  Income  of  fund  and  per  capita  tax,  how  appropriated. 

6937.  Auditor  to  draw  warrant  on  treasurer  for  school  revenues 

due  the  counties,  when. 

6938.  County  collector  to  collect  per  capita  tax  and  pay  into  county 

treasury,  when  and  how. 

6939.  Debts  due  the  fund  by  estates  preferred. 

6940.  ^No  costs  to  be  charged  in  suits  for  dues  to  the  fund,  when. 

COMMISSIONERS  OF  SCHOOL  FUND. 

6941.  Board  of  <;ommi8sioners,  who  compose;  when  and  where  to 

meet. 

6942.  Governor  to  be  president  of  board. 

6943.  ^Superintendent  of    public  instruction  to  be  secretary  and 
keep  record  of  proceedings;  copy  of  record  to  be  evi- 

I  dence. 

6944.  Board  to  invest  fund  in  bonds. 

6945.  Suits  for  moneys  due  the  fund  may  be  in  any  court  having 

jurisdiction,  when;  board  may  direct  officer  to  prose- 
cute suit. 

6946.  All  moneys  accruing  to  the  fund  to  be  paid  into  treasury; 

how  paid  out. 

6947.  Auditor  accountant  for  boi^id;    co  make  report,  when  and  to 

whom. 


85426 


4  SCHOOL    LAWS. 

Section. 

6948.  Auditor  to  draw  warrants  on  the  fund  to  pay  for  investments  ^ 

when. 

6949.  Treasurer  to  pay  such  warrants  and  keep  in  treasury  all  se- 

c'lrities  so  purchased. 

6950.  Board  to  make  settlements  with  the  state  treasurer,  when. 

SUPERVISION  OF  PUBLIC  SCHOOLS. 

6951.  General  assembly  to  provide  officers  for. 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

6952.  When  elected. 

6953.  Oath  of. 

6954.  To  have  general  superintendency  of  the  schools  of  the  state. 

6955.  Office  to  be  at  Little  Rock;  have  all  books,  etc.,  of  his  de- 

partment there,  and  of  all  the  business  of  his  office  keep- 
a  record. 

6956.  6957,  6958,  6959,  6960,  6961,  6962,  6963.     Duties  and  powers  of. 

6964.  Report  to  governor,  when. 

6965.  Governor  to  transmit  report  to  general  assembly. 

6966.  Superintendent  to  have  his  reports  published  and  distributed. 

6967.  6968,  6969,  6970,  6971.    Powers  and  duties;    further  specifica- 

tions of. 

6972.  Vacancy  in  office  of  superintendent,  how  filled. 

6973.  Superintendent  or  examiner  acting  as  book  agent,  or  receiv- 

ing pay  for  influence,  guilty  of  misdemeanor. 

6974.  Superintendent  may  grant  state  certificates  to  any  person 

passing  an  examination. 

6975.  May  prepare  list  of  text-books  and  recommend  same. 

6976.  Impressions  of    superintendent's  seal  of    office  to  be  fur- 

nished to  secretary  of  state. 

6977.  Documents,  etc.,  in  superintendent's  office,  how  to  be  au- 

thenticated. 

6978.  To  prepare  forms  for  grades  of    certificates    to   teachers,. 

school  registers,  reports  of  directors  and  examiners. 

DISTRICT  NORMAL  SCHOOLS. 

6979.  6980,  6981,  6982,  6983.    Changed  to  county  normals  by  act  of 

April  20,  1895. 

SCHOOL  DISTRICTS. 

6984.  Repealed. 

6985.  When  change  proposed,  notice  to  be  given;  how,  where  and 

when  posted. 

6986.  Schools  to  be  body  corporate;  name  of;  corporate  powers. 

6987.  To  have  property  in  corporate  name. 

6988.  No  district  to  be  formed,  nor  old  one  reduced,  so  as  to  con- 

tain less  than  thirty  persons  of  scholastic  age. 

6989.  County  court  may  form  new  districts  or  change  boundaries; 

when. 

6990.  Such  territory  to  have  requisite  children  or  property. 

6991.  Proportional  share  of  debt  to  be  adjusted. 

6992.  Proportionate  share  of  surplus  fund  to  be  adjusted. 

APPORTIONMENT  OF  SCHOOL  FUND. 

6993.  County  court  to  apportion  school  revenue  to  the  districts; 

rule. 

6994.  New  districts,  when  and  how  to  be  apportioned. 

6995.  County  examiners  to  report  number  of  residents  in  each  dis- 

trict. 


SCHOOL    LAWS.  O 

Section. 

6996.  County  clerks  to  lay  reports  before  the  court. 

6997.  Counties  losing  funds  by  change  of  boundaries,  to  be  reim- 

bursed. 

6998.  Amounts  thus  paid  deducted  from  share  of  what  counties. 

6999.  Auditor  to  draw  warrant  for  county's  share  of  school  fund, 

when. 

COUNTY  EXAMINERS. 

7000.  How  appointed,  commissioned,  etc. 

7001.  Appointments  heretofore  made  validated. 

7002.  Oath  of. 

7003.  To  stand  examination  before  entering  on  duties. 

7004.  No  one  to  fill  the  office  of  examiner  and  school  director  at 

the  same  time. 

7005.  Clerk  to  notify  superintendent  of  appointment,  etc. 

7006.  Superintendent  to  examine,  or  appoint  some  one  to  examine 

him;  questions  to  be  used. 

7007.  Salary  of;  limit  to. 

7008.  Examiner  not  to  examine  applicant  until  fee  Is  paid  treas- 

urer, etc. 

7009.  Duty  of  examiner. 

7010.  Examination,  what  to  consist  of. 

7011.  Examiner  to  give  certificates  according  to  grade  to  those  en- 

titled. 

7012.  Shall  not  license  certain  persons  described. 

7013.  May  cite  for  re -examination  and  revoke  licenses;  when. 

7014.  Effect  of  such  revocation. 

7015.  Additional  examination  in  regard  to  land  surveys. 

7016.  Failure  to  teach  the  instructions  required  in  preceding  sec- 

tion, cause  to  revoke  licenses. 

7017.  To  issue  three  grades  of  certificates. 

7018.  To  keep  record  of  teachers  licensed. 

7019.  To  encourage  inhabitants  to  establish  public  schools;  report 

to  state  superintendent    condition  of    schools    in   his 
county,  etc. 

7020.  Annual  report  of,  what  to  contain. 

7021.  To  number  the  school  districts  and  keep  record  and  descrip- 

tion of  each. 

7022.  May  appoint  person  to  hold  institutes  and  examinations, 

when. 

7023.  County  judge  may  remove  examiner  and  appoint  successor, 

when. 

7024.  Examiner  failing  to  perform  required  duties ;  forfeiture. 

7025.  Examiner  to  present,  and  may  have  allowed,  by  the  county 

court,  an  account;  of  what;  how  much  allowed. 

7026.  How  paid. 

ANNUAL  SCHOOL  MEETING. 

7027.  7028.    When  held;  who  may  vote. 

7029.  Quorum;  routine  of  business. 

7030.  Annual  district  election,  how  held;  judges  and  clefks  of 

7031.  Ballot,  form  of;  returns,  how  made. 

7032.  Result  of  election  to  be  delivered  to  county  clerk. 

7033.  County  court  to  open  returns  and  determine  amount  of  taxes 

voted. 

7034.  Taxes  so  voted,  how  levied  and  collected. 


b  SCHOOL    LAWS. 

Section. 

school  directors. 

7035.  When  elected;  term  of  office. 

7036.  Judges  to  give  certificate  within  five  days;  director  to  qualify- 

within  ten  days  thereafter;  filing  certificate  and  oath. 

7037.  Oath  of  office,  by  whom  administered. 

7038.  7039.    Refusal  to  qualify  as  director,  forfeiture;  failing  to  per- 

form duties  of  his  office,  forfeiture. 

7040.  Vacancy  in  office  of  director,  how  filled. 

7041,  7042,  7043.    Directors,  board  of;  duties  and  powers. 

7044.  Month,  meaning  of,  in  school  law. 

7045.  Directors  may  expend  annually  not  more  than  twenty-five 

dollars  for  charts,  etc. 

7046.  7047,  7048,  7049,  7050,  7051.    Directors,  board  of;  further  speci- 

fication of  duties  and  powers.  ^^ 

7052.  Warrant  drawn  by  directors;  county  treasurer  to  pay.^ 

7053.  Directors  to  give  notice  of  annual  school  meeting;  contents 

of  notice. 

7054.  7055.    Director,  one  to  be  "clerk  at  all  district  meetings,  and 

keep  record  of  proceedings;  also  to  keep  the  yearly  ac- 
counts of  the  district. 

7056.  Directors  to  report  to  county  clerk  the  officers  elected  and 

amount  of  money  voted  at  annual  meeting. 

7057.  Directors  to  report  annually  to  county  examiner;  contents  of 

report. 

7058.  Directors  failing  to  make  this  report,  liable  in  damages. 

7059.  Directors  to  settle  annually  with  county  treasurer. 
7060,7061.    Directors  may  suspend  any  pupil  for  cause;  may  per- 
mit older  persons  to  attend  school. 

7062,  7063,  7064.  County  court  may  transfer  scholars  to  an  adjoin- 
ing district,  when;  regulations  concerning  such  transfer. 

7066.  Directors  may  permit  private  school  to  be  taught  in  district 
school  house,  when.  ^ 

7066.  Directors  may  cause  schools  to  be  closed,  when. 

7067.  Directors  and  examiners  exempt  from  road  work. 

7068.  Neglect  to  report  tax  levied  at  annual  meeting  liability  for 

loss;  fine. 

7069.  Directors  to  furnish  county  clerk  with  list  of  all  persons  own- 

ing property  in  the  district  liable  to  pay  special  tax, 
when. 

7070.  Neglect  of  any  duty  under  school  laws,  fine  for. 

TEACHERS. 

7071.  Must  have  certificate  and  license  to  teach,  or  not  entitled  to 

pay. 

7072.  Must  keep  daily  register. 

7073.  Duty  of,  to  attend  teachers'  institute. 

7074.  Not  to  permit  sectarian  books  to  be  used  in  school. 

7075.  How  paid;  preference  of  claim. 

7076.  To  return  register,  or  else  pay  stopped. 

TRESPASS  ON  SCHOOL  HOUSE,  ETC. 

7077.  Injuring  school  house,  fixttn*es,  etc.,  fine  for. 

SCHOOL  WARRANTS — DISBURSEMENT  OF  FUNDS,  ETC. 

7078.  County  collectors  and  treasurers  not  to  be  interested    in 

school  warrants. 

7079.  District  school  tax  payable  in  warrants  of  district. 


SCHOOL    LAWS.  7 

Section. 

7080.  County  treasurer  to  keep  register  of  school  warrants,  how. 

7081.  County  treasurer  to  give  notice  of  receipt  of  school  funds; 

how  such  funds  paid  out.  

7082.  Oflacer  failing  to  comply  with  act,  punishment.  '      j        

7083.  Director  fraudulently  issuing  warrant,  punishment.  "==?=5B?g| 

7084.  County  treasurer  to  report  school  funds  received  by  him, 

disbursements  and  balance  in  treasury,  when. 

7085.  Orders  of    directors  to  be  presented  to   treasurer,  when; 

order  of  payment. 

7086.  If  not  paid,  how  indorsed;  record  of  such  warrants. 

VIOLATION    OP    SCHOOL   LAWS -DUTY  OF  PROSECUTING    ATTORNEYS. 

7087.  Prosecuting  attorneys,   when  school  laws  are  violated,  to 

bring  offenders  to  trial;  compensation;  costs  in  such 
cases. 

SPECIAL  ACTS  FOR  SCHOOLS  IN  CITIES  AND  TOWNS. 

7088.  Cities  and  towns  may  be  special  districts. 

7089.  7090.    Procedure  to  adopt  the  act  and  elect  directors. 

7091.  Election  in,  when  and  how  held. 

7092.  By  whom  held,  duties,  compensation  and  oath  of  judges  and 

clerks. 

7093.  Polls,  when  opened  and  closed. 

7094.  If   a  regular  judge  fails  to  appear,  when  and  how   judge 

elected. 

7095.  When  electors  vote. 

7096.  Returns  of  election. 

7097.  Duty  of  clerk;  duty  of  county  clerk. 

7098.  Directors,  when  and  how  to  qualify. 

7099.  Provisions  of  chapter  not  applicable. 

7100.  Board  to  organize,  how. 

7101.  Meetings  of  board;  quorum;   board  may  make  rules  for  its 

own  government. 

7102.  7103.    Powers  and  dutiej  of  board. 

7104.  Warrants  on  the  county  treasury,  how  drawn  and  signed. 

7105.  Secretary  of  board,  duties  of,  compensation. 

7106.  Title  to  all  school  property  vested  in  city  or  town  as  a  school 

district,  and  to  be  under  control  of  directors. 

7107.  Name  of  district;  corporate  powers;  style  of  board. 

7108.  Debts  of  former  districts  to  be  paid. 

7109.  Directors  failing  to  qualify  or  to  perform  their  official  duties ; 

penalty. 

7110.  Board  of  visitors  and  examiners,  how  appointed;  term  of 

office ;  appointee  failing  to  perform  duties ;  penalty.  ^^^ 

7111.  District  to  receive  full  share  of  school  fund. 

7112.  State  superintendent  to  make  suggestions,  etc.,  to  directors. 

7113.  Provisions  of  the  general  school  law;  when  to  apply  to  spe- 

cial districts ;  county  court  may  annex  contiguous  terri- 
tory, when. 

II.  SCHOOL  LANDS. 

7114.  Inhabitants  of  any  congressional  township  may  petition  for 

sale  of  sixteenth  section. 

7115.  Duties  of  collector  on  receipt  of  petition. 

7116.  If  subdividing  no  tract  shall  contain  more  than  forty  acres. 

7117.  Collector  shall  cause  each  subdivision  to  be  appraised. 

7118.  Collector  shall  give  public  notice  of  time  of  sale. 


8  SCHOOL    LAWS. 

Section 

7119.  Collector  shall  offer  each  tract  separately.     Sale  shall  take 

place  between  the  hours  of  12  m.  and  3  p.  m.,  and  may 
be  continued  from  day  to  day.  No  tract  shall  be  sold 
for  less  than  appraisement.  If  any  tract  remain  unsold 
collector  may  without  petition  sell  again,  giving  notice 
of  sale. 

7120.  Collector  shall  report  sales  to  county  court.    If  sales  not  con- 

firmed court  shall  direct  collector  to  advertise  and  sell 
again.  Form  of  certificate  to  be  given  to  purchaser. 
Commissioner  of  state  lands  shall  make  deed  on  pre- 
sentation of  certificate. 

7121.  Collector  shall  pay  all  costs  of  sales  out  of  proceeds. 

7122.  County  clerk  shall  ascertain  who  are  paying  taxes  on  the 

sixteenth  sections;  other  duties. 

7123.  County  clerk  shall  keep  the  account  of  each  township  en- 

titled to  benefits  from  this  act. 

7124.  Penalty  imposed  on  county  clerk  for  failing  to  keep  record. 

7125.  Collection  of  claims  due  common  school  fund;  authorizes  at- 

torney general  to  employ  competent  attorneys  in  each 
county  to  collect  claims  due  on  account  of  sixteenth 
section;  other  duties. 

7126.  State   treasurer  shall  place  to  credit  of  proper  county  all 

moneys  received  on  account  of  sixteenth  section  lands. 

7127.  State  treasurer  to  invest  money  and  place  accrued  interest 

to  credit  of  each  county. 

7128.  Accrued  interest  may  be  drawn  in  same  manner  as  now  pro- 

vided for  by  law. 

7129.  All  evidences  of  indebtedness  arising  from  sales  of  sixteenth 

sections  shall  be  turned  over  to  commissioner  of  state 
lands. 

7130.  County  collectors    and  treasurers  shall  turn  over  to  state 

treasurer  all  the  moneys  in  their  hands  belonging  to 
sixteenth  section  fund. 

7131.  Commissioner  of  state  lands  shall  keep  record  of  all  deeds 

made  for  sixteenth  section  lands. 

PATENTS. 

7132.  Last  assignee  of  certificate  for  school  lands  entitled  to   deed, 

when. 
7123.    Auditor  to  execute  deed  for  school  lands  to  heirs  at  law, 
when. 

7134.  Lands  so  conveyed,  to  stand  charged  with  amount  advanced 

by  estate  to  procure  title. 

7135.  Patents  issued,  and  all  official  acts  done  during  the  war  con- 

cerning school  lands,  made  valid. 

7136.  Rights  of  the  state  in  such  lands,  acquired  under  judgment, 

etc.,  where  deeds  had  been  made  to  purchasers,  vested 
in  the  proper  owners  under  such  deeds. 

7137.  Certain  suits  by  the  state  for  school  lands  to  be  dismissed. 

7138.  Commissioner  of  state  lands  to  make  deed  for  school  lands 

paid  for,  and  for  which  no  conveyance  has  been  made. 

LEASE  OP  SCHOOL  LANDS. 

7139.  Collector  to  lease  school  lands,  when. 

7140.  Manner  and  terms  of  leasing. 

7141.  Notice  of  leasing,  how  given. 

7142.  Leased  by  private  contract,  when. 

7143.  Occupants  to  pay  rent. 

7144.  Lessees,  rules  governing,  minimum  rent. 


iT'SCHtTOLS. 

FREE  SCHOOLS — SUPPORT  OF. 

Section  6930.  Intelligence  and  virtue  being  the 
safe-guards  of  liberty,  and  the  bulwark  of  a  free  and 
good  government,  the  state  shall  ever  maintain  a  gen- 
eral, suitable  and  efficient  system  of  free  schools, 
whereby  all  persons  in  the  state,  between  the  age  of  six 
and  twenty-one  3^ears,  may  receive  gratuitous  instruc- 
tion. 

Sec.  6931.  The  general  assembly  shall  provide, 
by  general  laws,  for  the  support  of  common  schools  by 
taxes,  which  shall  never  exceed  in  any  one  year  two 
mills  on  the  dollar  on  the  taxable  property  of  the  state ; 
and  by  an  annual  per  capita  tax  of  one  dollar,  to  be  as- 
sessed on  every  male  inhabitant  of  this  state  over  the 
age  of  twenty-one  years.  Provided^  The  general  as- 
sembly may,  by  general  law,  authorize  school  districts 
to  levy,  by  a  vote  of  the  qualified  electors  of  such  dis- 
tricts, a  tax  not  to  exceed  five  mills  on  the  dollar  in 
any  one  year  for  school  purposes.  Provided  further, 
That  no  such  tax  shall  be  appropriated  to  any  other 
purpose,  nor  to  any  other  district,  than  that  for  which 
it  was  levied.     Art.  14,  sees.  1  and  5,  Const. 

POWER  TO  TAX  FOR  SCHOOL  PURPOSES. 

The  state  is  the  source  of  authority.  * 'Every  municipal  corpo- 
ration and  every  political  division  of  the  state  must  be  able  to  show 
due  authority  from  the  state  to  make  the  demand." 

Cooley  on  Taxation,  474. 
School  districts  are  civil  corporations,  and  the  legislature  may 
confer  upon  them  the  power  to  tax  for  school  purposes. 

State  V.  Bremond,  38  Texas,  116. 
The  words  "public  schools"  are  synonymous  with  *'common 
schools,"  and  mean  the  schools  created  by  law  and  maintained  at 
the  public  expense,  and  which  are  open  and  common  to  the  child- 
ren of  the  inhabitants  alike. 

Jenkins  v.  Andover,  103  Mass.,  94. 

People  V.  Board  of  Education,  13  Barb.  (iV.  F.),  490. 

Holbert  v.  Sparks,  9  Bush,  259. 

Webster^s  Dictionary,  Common  Schools. 

Henderson  v.  Collins  and  Jett,  Kentucky  Reports. 

AbbotVs  Law  Dictionary,  title,  Common  Schools. 
Taxation  for  public  schools  is  for  a  public  use  and  purpose,  and 
public  education  is  a  fit  and  appropriate  object  of  taxation. 

68  M.  E.,  582. 

Williams  v.  School  District,  33  Vt.,  271. 

Marshall  v.  Donovan,  10  Buch.  (Ky,),  681. 

6  Coiven  {N.  Y.),  543. 

56  Pa.  St.  359;  22  Grattan  (Va.),  857. 


10  SCHOOL    LAWS. 

There  can  be  no  taxation  in  aid  of  a  private  educational  institu- 
tion operated  for  individual  profit . 

Curtis^  Admr^s.  v.  Whipple,  24  Wis.^  350. 
Philadelphia  Assn.  v.  Wood,  39  Pa.  St.,  73. 
That  a  school  building  was  larger  than  was  immediately  needed, 
and  that  the  vote  specified  among  other  uses  of  a  part  of  the  build- 
ing, that  of  holding  school  society  meetings  and  lectures  therein, 
does  not  vitiate  the  tax,  nor  authorize  a  court  to  enjoin  the  same. 
Sheldon  v.  Centre  School  District,  25  Conn.,  224. 
Greenbanks  v.  Boutwell,  43  Vt.,  207. 
In  New  Hampshire  it  has  been  held  that  a  vote  by  a  school  dis- 
trict to  remove  and  repair  a  school  house  came  within  the  author- 
ity granted  by  the  statute  to  raise  money  "for  erecting  and  repair- 
ing school  houses." 

Bumpv.  State,  4  (N.  H.),  48. 
Taxation  to  support  high  schools  and  normal  schools  has  been 
declared  proper  and  lawful  unless  absolutely  restricted  by  the  con- 
stitution. 

Stuart  V.  School  District,  30  Mich.,  69. 

Report  U.  S.  ComPr.  Ed.  for  1876-7. 

Richards  v.  Raymond,  Supt.  Court  of  Illinois,  Nov.   10, 

1879. 
Chicago  Legal  News,  Vol.  12,  No.  11. 
Merrick  and  others  v.  Inhabitants  of  Newburyport,   10 

Metcalf  (Mass.),  508. 
Briggs  et  al.  v.  Johnson  County,  Mo.,  4  Dillon   C.  C.  R., 

148. 
Commonwealth  v.  Dedham,  16  Mass.,  141. 
Commonwealth  v.  Sheffield,  11  Cush  (Mass.),  178. 
Jenkins  v.  Andover,  103  Mass.,  94. 
In  a  Massachusetts  case  it  was  decided  that  money  raised  for 
the  support  of  a  female  high  school  for  the  purpose  of  teaching 
book-keeping,  algebra,  geometry,  history,  rhetoric,  mental,   moral 
and  natural  philosophy,  botany,  the  Latin  and  French  languages, 
was  lawfully  raised  by  taxation. 

10  Metcalf  (Mass.),  508. 
Because  a  constitution  expressly  names  free  schools  and  a  uni- 
versity, and  does  not  name  normal  schools,  is  no  constitutional 
reason  against  taxation  to  establish  normal  schools. 

Briggs  v.  Johnson  County,  4  Dill,  C.  C.  R.,  148. 

COMMON  SCHOOL  FUND. 

Sec.  6932.  The  proceeds  of  all  lands  that  have 
been,  or  hereafter  may  be,  granted  by  the  United 
States  to  this  state,  and  not  otherwise  appropriated  by 
the  United  States  or  this  state;  also  all  moneys,  stocks, 
bonds,  lands  and  other  property  now  belonging  to  any 
fund  for  purposes  of  education ;  also  the  net  proceeds 
of  all  sales  of  lands  and  other  property  and  effects  that 
may  accrue  to  this  state  by  escheat,  or  from  sales  of  es- 
trays,  or  from  unclaimed  dividends,  or  distributive 
shares  of  the  estates  of  deceased  persons ;  also  any  pro- 
ceeds of  the  sale  of  public  lands  which  may  have  been, 
or  may  be  hereafter,  paid  over  to  the  state  (congress 


SCHOOL    LAWS.  11 

consenting);  also  ten  per  cent  of  the  net  proceeds  of 
the  sales  of  all  state  lands,  and  it  shall  be  the  duty  of 
the  state  treasurer  to  set  this  ten  per  cent  to  the  credit 
of  the  common  school  fund  when  he  receives  the  pro- 
ceeds of  this  sale  from  state  land  commissioner;  also 
all  the  grants,  gifts  or  devises  that  have  been  or  here- 
after may  be  made  to  this  state,  and  not  otherwise  ap- 
propriated by  the  tenure  of  the  grant,  gift  or  devise, 
shall  be  securely  invested  and  sacredly  preserved  as  a 
public  school  fund  that  shall  be  designated  as  the 
"common  school  fund"  of  the  state,  and  which  shall 
be  the  common  property  of  the  state,  except  the  pro- 
ceeds arising  from  the  sale  or  lease  of  the  sixteenth  sec- 
tion (a).  Act  December  7,  1875 ^  sec,  1,  as  amended 
March  15,  1897. 

Sec.  6933.  The  county  courts  of  the  various  coun- 
ties are  authorized  and  empowered  to  place  to  the  credit 
of  the  common  school  fund  of  the  county,  any  and  all 
school  funds  that  may  be  in  the  county  treasury,  de- 
rived from  various  sources,  and  about  which  there  is 
any  doubt  as  to  their  proper  application  with  the 
county  court,  and  that  said  school  funds,  when  so 
placed  to  the  credit  of  the  common  school  fund,  shall 
be,  by  said  county  courts,  apportioned  among  the 
school  districts  of  the  county  as  is  now  provided  by 
law. 

Sec.  6934.  The  principal  arising  from  the  sale  of 
the  sixteenth  section  of  land  shall  never  be  apportioned 
or  used. 

Sec.  6935.  Should  any  of  the  funds  mentioned  in 
this  act  arise  from  the  sale  of  said  sixteenth  section  of 
land  and  there  should  be  any  doubt  as  to  the  township 
from  whence  it  came,  then  such  townships  as  have  not 
disposed  of  the  sixteenth  section  of  land,  or  may  have 
disposed  of  the  same  and  have  the  proceeds  placed  to 
their  credit,  shall  not  be  entitled  to  any  part  of  the  in- 
terest arising  from  said  doubtful  sixteenth  section  fund. 
Act  March  IS,  1885,  sees.  1,  2. 

Sec.  6936.  The  annual  income  from  the  said 
fund,  together  with  one  dollar  per  camta  to  be  annually 

(a)  No  money  or  property  belonging  to  the  public  school  fund, 
or  to  this  state,  for  the  benefit  of  schools  or  universities,  shall  ever 
be  used  for  any  other  than  for  the  respective  purposes  to  which  it 
belongs.     Art.  14,  sec.  2,  Const. 


12  SCHOOL    LAWS. 

assessed  on  every  male  inhabitant  over  the  age  of 
twenty-one  years,  and  so  much  of  the  ordinary  annual 
revenues  of  the  state  as  may  hereafter  be  set  apart  by 
law  for  such  purposes,  shall  be  faithfully  appropriated 
for  maintaing  a  system  of  free  common  schools  for  this 
state,  and  shall  be  appropriated  to  no  other  purpose 
whatever.     Act  December  7,  1875,  sec.  2. 

Sec.  6937.  The  state  auditor  shall,  on  requisition 
from  the  state  superintendent  of  public  instruction, 
draw  warrants  on  the  state  treasurer  for  payment  to 
the  several  county  treasurers  of  the  school  revenues  due 
their  respective  counties. 

Sec.  6938.  The  j)er  capita  tax  levied  by  the  gen- 
eral revenue  laws  of  the  state  shall  be  collected  by  the 
county  collector  at  the  same  time  and  place  that  the 
state  taxes  are  collected,  and  be  paid  in  the  county 
treasury  on  or  before  the  first  day  of  July  of  each  year, 
in  the  presence  of  the  county  court  clerk,  who  shall 
make  a  record  of  the  same  as  a  revenue  for  the  support 
of  common  schools  (&).     lb.,  sees,  31-2. 

Sec.  6939.  In  the  payment  of  debts  by  executors 
and  administrators,  the  debts  due  the  common  school 
fund  shall  have  a  preference  over  all  other  debts,  except 
funeral  and  other  expenses  attending  the  last  sickness. 

Sec.  6940.  No  justice  of  the  peace,  constable, 
clerk  of  a  court  or  sheriff  shall  charge  any  costs  in  any 
suit  where  the  collector  or  any  other  officer  sues  for 
the  recovery  of  any  money  due  to  the  common  school 
fund,  if  the  plaintiff  in  such  cause  is  unsuccessful.  Act 
January  11, 1853,  sees.  50  and  55. 

ACT  XXXIX. 

AN  ACT  to  enforce  the  collection  of  such  notes, 
claims  and  moneys  as  may  be  in  possession  of  at- 
torneys under  the  appointment  of  the  attorney 
general  of  this  state,  belonging  to  the  funds  aris- 
ing from  the  sale  of  the  sixteenth  section  of  lands. 

Section 

1.  Commissioner  of  state  lands  to  demand  of  attorneys 
settlement  for  funds  collected  from  sale  of  six- 
teenth section  land. 

(5.)  The  penalty  collected  for  the  non-payment  of  taxes  on 
personal  property  is  to  be  paid  into  the  county  school  fund.  See 
sec.  6589. 


SCHOOL    LAWS.  13 

Section 

2.  Attorneys  to  furnish  commissioner  of  state  lands  with 

statement  of  notes  and  accounts  in  their  possession. 

3.  Attorneys  failing  to  comply  with  act  declared  delin- 

quent. 

4.  Failure  of  attorneys  to  comply  with  act  to  be  reported 

to  the  attorney  general. 

5.  Attorney  general  to  bring  suit  against  attorneys. 

6.  In  case  of  death  of  attorney,  attorney  general  to  sue 

his  estate. 

7.  Attorney  general  to  hire  assistance.    Fee  fixed. 

8.  Attorney  general  to  institute  suits  on  claims  not  col- 

lected by  commissioner  of  state  lands. 

9.  Act  takes  effect  from  passage 

Be  it  enacted  ly  the  General  Assembly  oj  tJie  State  of 
Arkansas  : 

Section  1.  That  it  is  hereby  made  the  duty  of  the 
commissioner  of  state  lands  of  this  state  immediately 
after  the  passage  of  this  act,  to  make  demand  upon 
each  attorney  who  may  have  been  appointed  to  collect 
all  claims  and  notes  due  the  school  fund  arising  from 
the  sale  of  the  sixteenth  section  lands,  under  an  act  of 
March  31,  1885,  for  such  notes  and  claims  which  are 
now  uncollected,  and  for  such  moneys  as  may  have 
been  collected  by  any  attorney  aforesaid,  and  not  ac- 
counted for  as  shown  by  the  records  of  said  commis- 
sioner of  state  lands. 

Sec.  2.  That  it  is  hereby  made  the  duty  of  each 
attorney  heretofore  appointed  of  each  county  in  this 
state,  when  demand  is  made,  as  provided  in  section 
one  of  this  act,  make  out  and  present  a  verified  state- 
ment of  all  notes,  claims,  bonds  or  judgments  still  in 
his  hands  not  collected,  and  transmit  same  to  said  com- 
missioner of  state  lands;  said  statement  shall  show 
what  amount  of  money  be  in  his  hands,  if  any,  which 
has  been  collected  and  not  accounted  for  belonging  to 
said  fund ; 

Provided  J  That  such  money  as  may  not  have  been 
accounted  for,  shall  be  paid  by  said  attorney  into  the 
state  treasuiy  within  sixty  days  after  demand  is  made, 
taking  triplicate  receipts  therefor,  one  of  which  shall  be 
filed  with  the  auditor  of  state,  and  one  with  the  said 
commissioner  of  state  lands ; 

Provided  further,  That  for  the  purpose  of  enabling 
any  attorney  aforesaid  and  commissioner  of  state 
lands  to  settle,  the  treasurer  of  state,  when  required, 


14  SCHOOL    LAWS. 

shall  render  to  the  commissioner  of  state  lands  or  to 
such  attorney,  or  each  of  them,  an  itemized  statement 
of  the  amount  which  may  have  been  paid,  receipt  for 
which  has  not  been  filed  as  required  by  law  and  which 
may  be  lost,  misplaced,  or  otherwise  destroyed. 

Sec.  3.  If  any  attorney  shall  fail  or  refuse  to 
make  out  such  verified  statement,  and  transmit  same 
as  provided  in  this  act,  or  shall  fail  or  refuse  to  pay 
such  moneys  as  herein  provided,  within  the  time  men- 
tioned in  this  act,  or  should  he  fail  or  refuse  to  per- 
form any  duty  required  of  him  in  this  act,  he  shall  be 
declared  and  be  considered  a  delinquent  by  said  com- 
missioner of  state  lands. 

Sec.  4.  In  any  case  where  any  attorney  shall  fail 
to  comply  with  any  of  the  provisions  of  this  act,  it  is 
hereby  made  the  duty  of  the  commissioner  of  state 
lands  to  report  such  delinquent  attorneys  to  the  attor- 
ney general  of  this  state,  together  with  a  statement  of 
the  amount  due  from  such  delinquent  attorney,  either 
in  notes,  claims  or  bonds  belonging  to  said  fund,  as 
shown  by  the  records  of  his  and  the  treasurer's  office, 
and  transmit  same  together  with  the  receipt  and  bond 
of  said  attorney,  taking  his  receipt  therefor. 

Sec.  5.  On  receipt  of  said  statement,  receipt  and 
bond  of  any  delinquent  attorney,  by  the  attorney  gen- 
eral of  this  state,  it  shall  be,  and  is  hereby  made  his 
duty  to  institute,  or  cause  to  be  instituted,  the  neces- 
sary legal  proceedin2:s  in  the  proper  county  against  said 
delinquent  attorney  and  his  bondsmen,  for  such  amount 
as  may  be  due  said  fund  from  said  delinquent  attorney. 
Said  attorney  general  shall  be  allowed  to  retain  ten  per 
centum  of  the  amount  so  collected  as  commission,  and 
the  residue  shall  be  by  him  paid  over  to  the  treasurer  of 
state,  which  shall  be  placed  by  said  treasurer  to  the 
credit  of  the  county's  sixteenth  section  school  fund,  to 
which  said  moneys  rightfully  belong,  and  the  said 
treasurer  of  state,  in  each  payment  aforesaid,  shall  issue 
triplicate  receipts,  one  of  which  shall  be  filfed  with  the 
auditor  of  state,  and  one  with  the  commissioner  of 
state  lands. 

Sec.  6.  In  case  any  attorney  has  died  since  his 
appointment  without  making  settlement  as  provided  in 
said  act  of  March  31,  1885,  it  shall  be  the  dutv  of  the 


SCHOOL    LAWS.  15 

attorney  general  to  proceed  against  his  estate  in  the  pro- 
per county,  either  in  law  or  equity. 

Sec.  7.  In  order  to  facilitate  the  collection  of  said 
claims  from  any  delinqU'Cnt  attorney  aforesaid,  the  at- 
torney general  may  call  to  his  assistance  the  prosecut- 
ing attorney  of  the  proper  county; 

Provided,  That  not  more  than  ten  per  centum  of 
said  fund  shall  be  retained  for  the  collection  of  any 
amount  as  provided  in  section  five  of  this  act. 

Sec.  8.  Such  notes  and  claims  as  may  be  col- 
lected by  the  commissioner  of  state  lands  from  any  de- 
linquent attorney,  or  from  any  other  source,  as  pro- 
vided in  this  act,  the  said  attorney  general  shall  pro- 
ceed without  unnecessary  delay  to  collect  the  same  in 
the  manner  and  form  as  now  provided  under  the  act 
of  March  31, 1885. 

Sec.  9.  That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  March  8,  1897. 

ACT  XLIX. 

AN  ACT  to  provide  for  the  payment  of  the  interest 
due  the  common  school  and  sixteenth  section 
funds  of  Arkansas. 

Section 

1.  One-fourth  of  one  mill  levied  to  pay  interest  on  school 

funds. 

2.  Amount  collected  to  be  applied  to  pay  interest    on 

bonds. 

3.  State  debt  board  to  make  payment  in   September  of 

each  year. 

4.  Money  paid  on  interest  to  be  placed  to  credit  of  gen- 

eral school  fund. 

5.  First  levy  to  be  made  in  1897,  and  annually  thereafter. 

6.  Unlawful  to  use  money  for  any  other  purpose. 

7.  Act  takes  effect  from  passage. 

Be  it  enacted  hy  the  General  Assemhly  of  the  State  of 
Arkansas  : 

Section  1.  That  a  general  tax  of  one  quarter  of 
one  mill  be  levied  annually  for  ten  years  on  the  taxable 
property  of  the  state  in  the  same  mannei-  as  other 
taxes  are  levied  and  collected,  for  the  purpOise  of  paj^- 
ing  off  the  interest  due  on  the  common  school  and  six- 


16  SCHOOL    LAWS. 

teenth  section  fund  of  the  state,  now  invested  in  Ar- 
kansas bonds  of  any  nature. 

Sec.  2.  That  the  amount  annually  collected  in 
each  county,  by  virtue  of  this  levy,  shall  be  paid  into 
the  state  treasury  by  the  collectors  in  the  same  manner 
as  other  taxes,  and  the  treasurer  shall  set  the  same 
aside  as  a  separate  inferest  fund  for  redeeming  the  in- 
terest coupons  and  interest  on  the  bonds  belonging  to 
the  common  school  and  sixteenth  section  fund. 

Sec.  3.  That  it  shall  be  the  duty  of  the  state  debt 
board  to  meet  annually  for  ten  years,  on  the  second 
Monday  of  September,  and  they  shall  immediately 
proceed  to  pay  off  with  the  taxes  aforesaid,  in  the 
order  of  their  priority  of  date,  the  interest  coupons, 
and  the  interest  due  on  the  permanent  school  and  six- 
teenth section  fund. 

Sec.  4.  That  the  state  treasurer  thereupon  shall 
place  said  interest  money  to  the  credit  of  the  general 
school  fund  to  be  apportioned  to  the  several  counties  in 
the  state,  with  the  annual  pro  rata  distribution  of 
school  funds  on  the  first  Mondays  in  August  and  Feb- 
ruary of  each  year. 

Sec.  5.  That  the  first  levy  of  said  one-quarter  of 
one  mill  tax,  for  the  purposes  aforesaid,  be  made  by 
the  regular  levying  boards  in  every  county  at  their 
regular  legal  meeting  in  1897,  and  that  said  levy  be 
made  annually  for  ten  years  from  July,  1897. 

Sec.  6.  That  it  shall  be  unlawful  to  use  the  afore- 
said tax  for  any  other  purpose  than  for  actually  paying 
the  interest  of  the  common  school  and  sixteenth  sec- 
tion fund. 

Sec.  7.  That  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

Approved  July  2,  1897. 

COMMISSIONERS  OF  SCHOOL  FUND. 

Sec.  6941.  The  secretary  of  state,  auditor  and 
state  superintendent  of  public  instruction  shall  consti- 
tute a  board  of  commissioners  of  the  common  school 
fund,  and  shall  meet  semi-annually  at  the  office  of  said 
superintendent  on  the  first  Monday  in  February  and  on 
the  first  Monday  in  August  in  each  year.  Provided, 
The  secretary  of  state  may  assemble  the  members  of 
said  board  any  time  at  his  discretion. 


SCHOOL    LAWS.  17 

Sec.  6942.  The  secretary  of  state  shall  be  presi- 
dent of  said  board  and  shall  sign  the  journal  of  each 
day's  proceedings.  Act  of  Dec.  7,  1875,  sees.  3-4,  as 
amended  by  act  April  10,  1893. 

Sec.  6943.  The  superintendent  of  public  instruc- 
tion shall  act  as  secretary  of  the  said  board,  and  shall 
keep  a  faithful,  correct  record  of  the  proceedings,  and 
shall  keep  the  said  record  open  at  all  times  for  inspec- 
tion. A  copy  of  said  record,  certified  by  the  secretary 
of  the  board,  shall  be  in  all  cases  received  as  evidence 
equal  with  the  original. 

Sec.  6944.  The  said  board  of  school  commission- 
ers shall  have  the  management  and  investment  of  the 
common  school  fund  belonging  to  the  state,  and  shall 
from  time  to  time,  as  the  same  may  accumulate,  se- 
curely invest  the  said  funds  in  bonds  of  the  United 
States  or  the  state  of  Arkansas. 

Sec.  6945.  That  all  moneys  required  by  law  to  be 
paid  into  the  treasuiy  to  the  credit  of  the  common 
school  fund  may,  if  the  same  be  not  paid  within  thirty 
days  after  they  shall  have  become  due  and  payable,  be 
recovered,  with  interest  due  thereon,  by  action  in  any 
court  having  jurisdiction;  and  such  action  shall  be 
prosecuted  by  the  attorney  general  of  the  state,  or  by 
the  prosecuting  attorney  of  any  judicial  district  within 
this  state,  when  directed  by  the  said  board.* 

Sec.  6946.  All  moneys  belonging  or  owing  to  the 
common  school  fund,  as  mentioned  in  section  6932,  or 
accruing  as  revenues  therefrom,  together  with  the  state 
school  tax,  shall  be  paid  directly  into  the  state  treasury, 
and  shall  not  be  paid  out  except  on  the  warrant  of  the 
auditor.     Act  Dec.  7,  1875,  sees.  5-8. 

Sec  6947.  The  state  auditor  shall  be  the  account- 
ant of  said  board,  and  shall,  annually,  on  the  first  Mon- 
day in  October,  transmit  to  the  governor  and  to  the 
superintendent  of  public  instruction  a  report  of  the 
condition  of  the  school  fund  on  the  first  day  of  July 
last  preceding,  with  an  abstract  of  the  accounts  thereof 
in  his  office. 

Sec  6948.  The  auditor  shall,  under  the  directiou 
of  the  board  of  commissioners,  draw  warrants  on  the 

*See  Orrv.  State,  56-107. 

S— 2 


18  SCHOOL    LAWS. 

state  treasurer  for  the  payment  of  all  or  any  portion  of 
the  common  school  fund  belonging  to  the  state,  for  the 
purchase  of  bonds  or  other  securities  in  which  the  same 
is  by  law  invested. 

Sec.  6949.  The  state  treasurer  shall,  by  virtue  of 
such  warrant,  pay  from  the  uninvested  common  school 
fund  the  purchase  money  for  said  securities,  and  shall 
receive  and  deposit  the  same  in  the  state  treasury  for 
safe-keeping,  and  receipt  to  the  president  of  the  board 
of  commissioners  for  the  kind  and  amount  of  such  se- 
curities. 

Sec.  6950.  The  said  board  shall,  at  their  semi-an- 
nual meeting,  settle  with  the  state  treasurer  all  accounts 
of  the  common  school  fund  not  before  settled.  7/;., 
sees.,  9-12. 

SUPEKVISION  OF  PUBLIC  SCHOOLS. 

Sec.  6951.  The  supervision  of  public  schools,  and 
the  execution  of  the  laws  regulating  the  same,  shall  be 
vested  in  and  confided  to  such  officers  as  may  be  pro- 
vided for  by  the  general  assembly.  Art.  14,  sec.  4, 
Const. 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

Sec.  6952.  At  the  next  general  election,  and  every 
two  years  thereafter,  there  shall  be  elected  a  state  sup- 
erintendent of  public  instruction,  by  the  qualified  elec- 
tors of  this  state,  as  state  officers  are  now  elected. 

Sec.  695H.  Before  entering  upon  the  duties  of  his 
office,  he  shall  take  and  subscribe  the  oath  prescribed 
for  officers  by  the  constitution  of  this  state,  and  shall 
file  such  oath  with  the  secretary  of  state. 

Sec.  6954.  The  superintendent  of  public  instruc- 
tion shall  be  charged  with  the  general  superintendence 
of  the  business  relating  to  the  free  common  schools  of 
this  state.* 

*A  general  power  of  charge  and  supervision  of  schools  includes 
the  power  to  make  all  reasonable  rules  and  regulations  for  the  dis- 
cipline, government  and  arrangements  of  schools.  5  Cush.  {Mass.), 
198;  8  Cush.  (Mass.),  160;  12  All.  (Mass.),  127;  105  Mass.,  476; 
63  III.,  353;  71  Mo.,  628;  13  Brad.,  520. 

As  to  what  is  a  reasonable  rule,  see  63  III.,  353;  48  Vt.,  476, 
477;  31  Iowa,  565. 

It  is  in  short,  "Any  rule  of  the  school  or  system  not  subversive 
of  the  rights  of  the  children  or  parents  or  in  conflict  with  humanity 
and  the  precepts  of  divine  law  which  leads  to  advance  the  law  in 
establishing  public  schools." 


SCHOOL    LAWS.  19 

Sec.  6955.  He  shall  open  at  the  seat  of  the  state 
government  (at  the  expense  of  the  state)  a  suitable  of- 
fice, in  which  he  shall  keep  all  books,  reports,  docu- 
ments and  other  papers  pertaining  to  his  department, 
and  where  he  shall  be  in  attendance  when  not  neces- 
sarily absent  on  business,  and  have  personal  supervision 
of  the  business  affairs  of  his  office,  and  keep  a  clear  and 
correct  record  thereof. 

Sec.  5956.  He  shall  furnish  suitable  questions t 
for  the  examination  of  teachers  to  the  county  examiner ; 
he  shall  hold  a  teachers'  institute  annually  in  each  ju- 
dicial district  of  the  state,  to  be  called  a  normal  district 
institute ;  he  shall  arrange  the  programme  exercises  for 
each  of  such  institutes,  and  preside  thereat.  Provided^ 
If  he  should  not  be  present,  the  teachers  who  may  have 
assembled  may  organize  and  hold  such  normal  district 
institute.  (See  recent  act  of  the  legislature  placed  in 
the  digest  after  sec.  6978.) 

Sec.  6957.  He  shall  prepare  and  transmit  to  the 
county  examiners,  school  registers,  blank  certificates, 
reports  and  other  printed  blanks,  together  with  other 
suitable  blanks,  forms  and  printed  instructions,  to  be 
forwarded  to  directors  and  other  school  officers,  as  may 
be  necessary  to  aid  such  officers  in  making  their  reports 
and  carrying  into  full  effect  the  various  provisions  of 
the  school  laws  of  this  state.  Act  Dec,  7,  1875,  sees. 
13-16, 

Sec.  6958.  The  superintendent  of  public  instruc- 
tion shall  prepare  a  form  of  poll  books  to  be  used  by 
the  directors  of  the  various  school  districts  of  this  state 
at  their  annual  elections  as  are  now,  or  may  hereafter 
be  provided  by  law,  and  have  the  same  printed  as  other 
blanks  for  school  purposes ;  and  shall  transmit  the  same 
to  the  county  examiner  of  each  county  for  distribution 
to  school  directors  in  the  same  manner  as  other  school 
blanks  are  now,  or  shall  hereafter  be  distributed.  Act 
March  2,  1887. 

Sec.    6959.     He   shall    exercise   such    supervision 


t  The  state  superintendent  is  the  only  one  authorized  to  furnish 
questions  for  these  examinations.  The  examinations  held  by  ex- 
aminers at  the  close  of  a  private  school  of  their  own,  in  which  they 
have  prepared  the  teachers  to  answer  certain  questions  prepared 
by  the  examiner  for  the  occasion,  are  not  legal,  and  a  licenss 
granted  in  this  manner  is  void. 


20  SCHOOL    LAWS. 

over  the  school  funds  as  to  ascerbain  the  amount  and 
disposal  made  of  the  same,  their  protection  and  safety 
when  invested  or  deposited,  and  recommend  measures 
for  their  security  and  preservation,  and  for  rendering 
them  most  productive  of  revenue;  shall  enforce  the 
strict  application  of  the  school  revenues  to  the  legiti- 
mate purposes  for  which  they  were  intended,  and  shall, 
when  directed  by  the  commissioners  of  the  school 
fund,  cause  to  be  instituted,  in  the  name  of  the  state  of 
Arkansas,  suits  or  actions  for  the  recovery  of  any  por- 
tion of  the  said  funds  of  said  revenues  that  may  be 
squandered,  illegally  applied  or  unsafely  deposited. 

Sec.  6960.  He  shall,  on  or  before  the  first  day  of 
November  in  each  year,  prepare  and  submit  to  the  gov- 
ernor of  this  state  an  annual  report,  in  writing,  show- 
ing the  number  of  persons  between  the  ages  of  six  and 
twenty-one  years  residing  in  the  state  on  the  first  day 
of  the  preceding  July;  the  number  of  such  persons  in 
each  county;  the  number  of  each  sex;  the  number  of 
white;  the  number  of  colored;  the  whole  number  of 
such  persons  that  attended  the  free  common  schools  of 
the  state  during  the  year  ending  the  thirtieth  day  of 
the  last  preceding  June,  and  the  number  in  each  county 
that  attended  during  the  same  period ;  the  number  of 
whites  of  each  sex  that  attended,  and  the  number  of 
colored  of  each  sex  that  attended  the  said  schools ;  the 
number  of  common  schools  in  the  state ;  the  number  of 
pupils  that  studied  each  of  the  branches  taught;  the 
average  wages  paid  teachers  of  each  sex;  the  relative 
average  wages  paid  to  male  and  female  teachers  respec- 
tively, according  to  the  different  grades  of  their  certifi- 
cates ;  the  number  of  school  houses  erected  during  the 
year;  the  material  and  cost  thereof;  the  number  previ- 
ously erected,  the  material  of  which  they  were  con- 
structed, their  condition  and  value;  the  number  with 
their  grounds  inclosed;  the  counties  in  which  teachers' 
institutes  were  held,  and  the  number  that  attended  the 
institutes  in  each  county. 

Sec.  6961.  He  shall  likewise  report  the  amount  of 
permanent  school  fund  belonging  to  the  state  at  the 
close  of  the  fiscal  school  year,  and  the  amount  of  other 
property  apportioned  to  school  purposes;  the  nature, 
kind   and  amount  of   such  investments  made   of  the 


SCHOOL    LAWS.  21 

same ;  the  safety  and  permanency  of  such  investments ; 
the  amount  of  revenue  accruing  from  the  school  funds ; 
the  income  received  from  the  per  capita  assessments  of 
each  county,  and  the  amount  derived  from  such  assess- 
ment in  ail  the  counties  of  the  state;  the  income  de- 
rived from  all  other  sources,  together  with  the  amount 
derived  from  each;  likewise  in  what  sums,  for  what 
purposes  and  in  what  manner  the  said  school  revenue 
shall  have  been  expended,  and  what  amount  of  school 
moneys  of  various  kinds  are  in  the  various  county 
treasuries  unexpended. 

Sec.  6C62.  He  shall  include  in  his  report  such 
plans  as'  he  may  have  matured  for  the  improvement  of 
the  common  school  system  of  this  state ;  for  the  accum- 
ulation, the  investment  and  the  more  judicious  manage- 
ment of  the  common  school  fund,  and,  when  he  may 
deem  it  advisable,  shall  recommend  measures  for  a 
more  economical  and  advantageous  collection  and  ex- 
penditure of  the  revenues  accruing  from  the  said  fund; 
and  whenever  it  comes  to  his  knowledge  that  any  of 
the  investments  of  the  school  funds  are  not  safe,  or 
that  any  portion  of  the  said  fund  is  liable  to  be  lost, 
that  it  is  unproductive  of  revenue,  or  that  any  of  the 
school  revenues  have  been  diverted  from  their  proper 
channel  or  from  the  appropriate  objects  contemplated, 
he  shall  report  the  facts  to  the  governor  and  to  the  gen- 
eral assembly,  if  in  session. 

Sec.  6961].  He  shall  also  append  to  his  report  a 
statistical  table,  compiled  from  the  materials  trans- 
mitted to  his  office  by  school  officers,  with  proper  sum- 
maries, averages  and  totals  given. 

Sec.  6964.  He  shall  present  such  a  comparison  of 
results,  and  such  an  exhibit  of  his  administration,  and 
of  the  operation  of  the  common  fiee  school  system,  to- 
gether with  such  statements  of  the  true  condition  of 
the  schools  of  the  state,  as  shall  distinctly  show  the 
improvements  and  progress  made  from  year  to  year  in 
the  department  of  public  instruction. 

Sec.  6965.  The  annual  reports  of  the  state  super- 
intendent to  the  governor  shall  be  transmitted  by  the 
governor  to  the  general  assembly  at  the  opening  of 
the  session. 

Sec.  6966.     He  shall  have  his  reports  to  the  gov- 


22  SCHOOL    LAWS. 

ernor  published  as  soon  as  practicable  after  they  have 
been  made,  and  shall  cause  them  to  be  distributed 
among  the  various  school  officers  of  the  state,  to  be  kept 
on  file  in  their  respective  offices.  Provided,  He  shall 
not  have  more  than  five  thousand  copies  of  such  reports 
printed  for  any  one  year,  the  printing  of  such  reports 
to  be  let  out  as  other  contracts  for  printing.  Act  Dec. 
7,  1875,  sees.  16-23. 

Sec.  6967.  He  shall  on  the  first  Monday  of  Aug- 
ust and  on  the  first  Monday  of  February  of  each  year, 
make  a  pro  rata  apportionment  to  the  several  counties 
of  the  state  of  the  remaining  revenues  in  the  state 
treasury  available  for  distribution  for  school  purposes, 
on  the  basis  of  the  number  of  persons  between  the  ages 
of  six  and  twenty-one  years,  residing  in  said  county, 
respectively,  on  the  first  day  of  September  previous; 
and  he  shall  publish  a  statement  of  the  same,  and  as 
early  as  practicable,  shall  transmit  a  copy  thereof  to 
each  county  examiner  and  to  each  of  the  several  treas- 
urers in  the  state,  and  to  each  county  clerk,  who  shall 
submit  the  same  to  the  county  court  at  its  next  term ; 
and  he  shall  thereupon  draw  his  requisition  on  the 
state  auditor  in  favor  of  the  treasurers  of  the  several 
counties  for  such  amount  as  the  said  counties  may  be 
entitled  to  receive  for  the  support  of  free  common 
schools.     Act  of  March  20,  1891. 

Sec.  6968.  He  shall,  from  time  to  time,  publish 
in  convenient  pamphlet  form,  and  furnish  each  school 
officer,  the  acts  of  the  general  assembly  relating  to  com- 
mon schools,  and  the  decisions  of  the  courts  having 
competent  jurisdiction  in  relation  to  the  school  laws; 
and  he  shall  likewise,  at  the  request  of  any  school  offi- 
cer, render  a  decision  relating  to  the  intent,  construc- 
tion or  administration  of  any  portion  of  the  school  laws 
on  which  decisions  shall  not  have  been  published,  and 
he  may,  when  he  shall  deem  it  advisable  to  have  the 
opinion  of  the  attorney  general,  require  said  opinion  to 
be  in  writing(a). 

(a).  It  is  the  sole  duty  of  the  superintendent  of  public  instruc- 
tion to  render  decisions  relating  to  the  intent,  construction  or  ad- 
ministration of  any  portion  of  the  school  laws.  The  attorney  gen- 
eral is  the  legal  adviser  of  the  superintendent  and  not  of  school  of- 
ficers. 


SCHOOL    LAWS.  23 

Sec.  6969.  He  shall,  for  the  purpose  of  ascertain- 
ing the  amounts,  safety  and  preservation  of  the  school 
funds,  have  access  to  the  auditor^s  books  and  papers, 
with  full  power  to  use  and  inspect  the  same. 

Sec.  6970.  At  the  expiration  of  his  term  of  office 
he  shall  deliver  to  his  successor  possession  of  his  office, 
together  with  all  books,  records,  documents,  papers  and 
other  articles  belonging  or  pertaining  to  his  office. 

Sec.  6971 .  He  shall  affix  the  seal  of  the  depart- 
ment of  public  instruction  to  all  official  communica- 
tions from  his  office. 

Sec.  6972.  Whenever  a  vacancy  in  the  office  of 
superintendent  of  public  instruction  shall  occur,  from 
death,  resignation  or  otherwise,  the  governor  shall  ap- 
point a  person  of  suitable  attainments  to  seive  the  re- 
mainder of  the  unexpired  term.  Provided,  Such  va- 
cancy shall  occur  within  nine  months  from  the  next 
succeeding  election ;  otherwise,  an  election  shall  be  or- 
dered, as  in -case  of  state  officers. 

Sec.  6973.  Neither  the  state  superintendent  nor 
county  examiner  shall  act  as  agent  for  any  author,  pub- 
lisher or  bookseller,  nor  directly  or  indirectly  receive 
any  gift,  emolument,  reward  or  promise  of  reward  for 
his  influence  in  recommending  or  procuring  the  use  of 
any  book,  school  apparatus  or  furniture  of  any  kind 
whatever,  in  any  public  school ;  and  any  school  officer 
who  shall  violate  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  subject  to  re- 
moval from  office.     Act.  Dec.  7,  1875,  sees.  25-30. 

Sec.  6974.  The  state  superintendent  of  public  in- 
struction shall  have  power  to  grant  state  certificates, 
which  shall  be  valid  for  life,  unless  revoked,  to  any  per- 
son in  the  state  who  shall  pass  a  thorough  examination 
in  all  those  branches  required  for  granting  county  cer- 
tificates; and,  also,  in  algebra  and  geometry,  physics, 
rhetoric,  mental  philosophy,  history,  Latin,  the  consti- 
tutions of  the  United  States  and  of  the  state  of  Arkan- 
sas, natural  history  and  theory  and  art  of  teaching. 

State  license  can  not  be  granted  without  an  examination.  No 
provision  is  made  whereby  a  college  diploma  or  the  diploma  of  a 
normal  school  becomes  the  equivalent  for  a  state  license.  There  is 
no  legal  method  whereby  a  state  license  may  be  secured  save  by  an 
examination.  These  examinations  are  public  and  conducted  at  the 
office  of  the  state  superintendent. 


24  SCHOOL    LAWS. 

The  law  does  not  fix  a  minimum  age  nor  require  experience. 
But  it  was  never  the  intent  of  the  legislature  to  put  immature  and 
inexperienced  boys  and  girls  in  charge  of  schools,  much  less  give 
them  a  life  license.  In  all  other  departments  of  the  law,  minors  are 
called  infants,  and  made  subject  to  disabilities  and  to  the  control  of 
parents  and  guardians.  Maturity  of  mind  and  strength  of  character 
are  requisite  for  the  successful  determination  and  management  of 
the  important  questions  arising  in  school  life.  Applicants  for  state 
license  must  be  of  legal  age  and  have  a  successful  experience  of  at 
least  twenty  months  in  the  schoolroom.  The  oral  and  written 
methods  are  combined  in  the  examination. 

The  oral  is  adapted  to  disclose— 

1.  Skill  in  expedients. 

2.  Aptness  in  illustration. 

3.  Manner  of  expression,  etc. 
The  written  is  expected  to  show — 

1.  Habits  of  thinking. 

2.  Modes  of  reasoning. 

3.  Discipline  of  the  mind. 

4.  Accuracy. 

5.  Acquaintance  with  principles. 

6.  Availability  of  knowledge. 

7.  Knowledge  itself. 

Sec.  6975.  He  shall  prepare,  for  the  benefit  of 
the  common  schools  of  the  state,  a  list  of  such  text 
books  on  orthography,  reading  in  English,  mental  and 
written  arithmetic,  penmanship,  English  grammar, 
modern  geography  and  history  of  the  United  States  as 
are  best  adapted  to  the  wants  of  the  learner,  and  as 
have  been  prepared  with  reference  to  the  most  philoso- 
phical methods  of  teaching  those  branches,  and  shall 
recommend  the  said  text  books  to  teachers  and  to  di- 
rectors throughout  the  state. 

The  following  are  deducted  from  an  opinion  of  the  attorney 
general: 

1.  That  the  list  is  to  be  determined  by  the  state  superinten- 
dent. 

2.  That  the  directors  in  adopting  books  are  limited  to  the  list. 

3.  That  books  not  upon  the  list  cannot  be  required  in  any 
school  of  the  state  supported  by  public  funds. 

Sec.  6976.  He  shall  procure  and  adopt  a  seal  for 
his  office,  and  furnish  an  impression  and  description  of 
said  seal  to  the  secretary  of  the  state,  to  be  preserved 
in  his  office. 

Sec.  6977.  A  copy  of  any  paper  or  document  de- 
posited or  filed  in  the  office  of  the  superintendent  of 
public  instruction  shall,  when  authenticated  by  the 
said  seal,  be  evidence  equal,  to  all  intents  and  purposes, 
with  the  original. 


SCHOOL    LAWS.  ZD 

Sec.  6978.  The  said  superintendent  shall  prepare 
appropriate  forms  for  three  several  grades  of  certifi- 
cates to  be  issued  to  teachers  by  the  county  examiners^ 
He  shall  prepare  suitable  school  registers,  in  which 
teachers,  at  the  close  of  the  school  term,  are  to 
make  their  reports  to  the  trustees  of  the  name  and  age 
of  each  pupil,  the  date  of  each  pupil's  entrance,  the 
separate  days  on  which  each  attended  school,  the 
studies  each  pursued,  the  total  attendance;  and  shall 
likewise  prepare  suitable  forms  for  the  reports  of  direc- 
tors and  county  examiners.  Act  Dec.  7,  1875,  sees. 
33-37. 

This  register  must  be  kept  by  each  public  school  teacher  ac- 
cording to  the  forms  prescribed,  before  any  charge  can  be  made 
for  services. 

By  a  subsequent  act  the  superintendent  is  required  to  furnish 
poll- books  for  the  school  districts. 

COUNTY  NORMAL  INSTITUTES. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  oj 
Arkansas: 

Section  1.  That  the  state  superintendent  of  pub- 
lic instruction  is  hereby  authorized  and  empowered  to 
arrange  for  the  establishment  of  county  normal  insti- 
tutes for  the  white  teachers  of  Arkansas,  or  for  such 
white  persons  as  desire  to  become  teachers  in  the  pub- 
lic schools  of  this  state,  and  such  additional  ones  for 
the  colored  teachers  at  such  places  as  may  be  selected 
by  the  superintendent. 

Sec.  2.  The  said  superintendent  shall  select  a 
principal  for  each  normal  institute,  arrange  a  pro- 
gramme for  its  daily  work,  and  formulate  such  rules 
and  regulations  therefor  as  shall  best  conduce  to  the 
interests  of  the  institute  and  to  the  faithful  execution 
of  this  law.  The  course  of  study  shall  comprise  a 
thorough  drill  upon  the  principles  of  the  common 
school  branches,  history  and  constitution  of  Arkansas, 
and  such  pedagogical  instruction  as  shall  fully  develop 
the  teachers'  professional,  general,  moral  and  social 
preparation  for  work  in  the  public  schools;  special  at- 
tention shall  be  given  to  organization,  arrangement  of 
pupils,  use  of  text  books,  classification,  programmes, 
use  of  school  devices  and  apparatus,  discipline,  punish- 


26  SCHOOL    LAWS. 

ment  and  the  purposes  of  punishment,  also  upon  the 
different  methods  of  presenting  the  different  subjects  to 
be  taught  in  the  schools,  having  more  direct  reference 
1^0  the  rural  than  to  the  town  schools. 

Sec.  3.  Each  of  said  schools  shall  last  for  a  con- 
secutive term  of  twenty  days  each,  of  each  year,  at  such 
time  and  place  as  may  be  agreed  upon  by  the  state  su- 
perintendent and  county  examiner.  Other  pupils  of 
suitable  age  and  advancement  may  be  admitted  to  these 
institutes  at  the  discretion  of  the  state  superintendent 
and  instructor. 

Sec.  4.  For  the  purpose  of  carrying  this  law  into 
effect,  the  sum  of  ten  thousand  dollars  per  annum  for 
the  next  two  years,  is  hereby  appropriated  out  of  any 
moneys  in  the  treasury  not  otherwise  appropriated; 
Provided,  That  an  itemized  bill  shall  be  presented  by 
each  instructor  employed  in  these  institutes,  together 
with  a  certificate  from  the  superintendent  of  public  in- 
struction, to  the  auditor  of  state,  who  shall  thereupon 
draw  his  warrant  for  the  same;  Provided,  further,  That 
no  part  of  this  appropriation  shall  be  used  for  any  pur- 
pose other  than  the  payment  of  instructors. 

Sec.  5.  That  all  persons  holding  county  certifi- 
cates to  teach  in  the  public  schools  of  Arkansas  are  re- 
quired to  attend  said  normals  the  full  time  under 
penalty  of  a  forfeiture  of  license  which  may  be  restored 
only  by  re-examination ;  Provided,  That  the  instructor 
may  for  good  and  sufficient  reasons,  by  and  with  the 
consent  of  the  county  examiner,  excuse  any  teacher 
from  such  attendance. 

Sec.  6.  This  law  shall  take  effect  from  and  after 
its  passage. 

Approved  March  16,  1897. 

Though  this  law  does  not  repeal  the  district  normal  law,  there 
is  no  provision  made  for  carrying  it  into  effect,  and  it  is  now  a  use- 
less statute. 

SCHOOL    DISTRICTS. 

Be  it  enacted  by  the  General  Assembly  oj  the  State  of 
Arkansas : 

Section  1.  The  county  courts  of  this  state  shall 
have  power  to  dissolve  any  school  district  now  estab- 
lished, or  which   may   hereafter  be   established  in  its 


SCHOOL    LAWS.  27 

county  and  attach  the  territory  thereof  in  whole  or  in 
part  to  an  adjoining  district  or  districts,  whenever  a 
majority  of  the  electors  residing  in  such  district  shall 
petition  the  court  so  to  do. 

Sec.  2.  When  such  dissolution  is  proposed,  no- 
tice shall  be  given  by  those  proposing  the  same  by 
posters  in  four  public  places  in  the  district.  Said  no- 
tices to  be  posted  thirty  days  before  the  meeting  of  the 
term  of  the  court  at  which  such  petition  is  proposed  to 
be  presented. 

Sec.  3.  Whenever,  under  this  act,  any  district 
shall  be  abolished,  any  indebtedness  due  by  it,  or  funds 
on  hand  to  its  credit  shall  be  proportioned  by  the  court 
among  the  districts  to  which  its  territoiy  has  been  at- 
tached, according  to  the  value  of  the  territory  each  re- 
ceived, of  which  action  of  dissolution  and  distribution 
of  indebtedness  or  funds,  as  the  case  may  be,  the  clerk 
of  the  court  shall  give  due  notice  to  directors  of  each 
district  affected,  showing  the  territory  attached  to  their 
district,  and  amount  of  indebtedness  adjudged  against 
it,  or  funds  credited  to  it,  as  the  case  may  be. 

Sec.  4.  The  directors  of  the  district  dissolved, 
upon  receipt  of  notice  of  clerk,  shall  transmit,  without 
delay,  all  of  the  records  of  said  district  to  the  county 
examiner  of  the  county  for  preservation  in  his  office. 

Sec.  5.  That  section  6984  of  Sandels  &  HilPs  Di- 
gest be  and  the  same  is  hereby  repealed. 

Sec.  6.  All  laws  in  conflict  herewith  are  hereby 
repealed,  and  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  April  1,  1895. 

Sec.  6985.  When  a  change  is  proposed  in  any 
school  district  notice  shall  be  given  by  the  parties  pro- 
posing the  change,  by  putting  up  hand  bills  in  four  or 
more  conspicuous  places  in  each  district  to  be  affected, 
one  of  said  notices  to  be  placed  on  the  public  school 
building  in  each  affected  district.  All  of  said  notices 
to  be  posted  thirty  days  before  the  convening  of  the 
court  to  which  they  propose  to  present  their  petition ; 
said  notices  shall  give  a  geographical  description  of  the 
proposed  change.     Act  of  April  1,  1891. 

Sec.  6986.  Each  school  district  shall  be  a  body 
corporate,  by  the  name  and  style   of  ^'School  District 


28  SCHOOL    LAWS. 

No. ,  of  the  county  of ;"  and  by  such  name 

may  contract  and  be  contracted  with,  sue  and  be  sued, 
in  any  of  the  courts  of  this  state  having  competent  jur- 
isdlction((i). 

Sec.  6987.  Every  district  shall  hold  in  the  corpo- 
rate name  of  the  district  the  title  of  lands  and  other 
property  which  may  be  acquired  by  said  district  for 
school  district  purposes.     Act  Dec.  7,  1875,  sec.  53. 

Sec.  6988.  No  new  school  district  shall  be  formed 
having  less  than  thirty-five  persons  of  scholastic  age  re- 
siding within  the  territory  included  in  such  new  dis- 
trict, and  no  district  now  formed,  shall  by  the  forma- 
tion of  a  new  district  or  transfer  be  reduced  to  less 
than  thirty-five  persons  of  scholastic  age.  Act  April  8, 
1887,  sec.  2.     See  sec.  7062. 

Sec.  6989.  The  county  court  shall  have  the  right 
to  form  new  school  districts  or  change  the  boundaries 
thereof,  upon  a  petition  of  a  majority  of  all  the  electors 
residing  upon  the  territory  of  the  districts  to  be  di- 
vided(e). 

Sec.  6990.  Such  territory  shall  have  the  requisite 
number  of  children  or  property  to  comply  with  the 
now  existing  law  in  such  case. 

Sec.  6991.  In  the  formation  of  new  school  dis- 
tricts that  part  of  territory  taken  off  from  the  old  dis- 
trict or  districts,  shall  be  held  liable  for  a  proportionate 
part  of  the  indebtedness  of  the  former  district  or  dis- 
tricts at  the  time  of  the  making  of  said  new  district. 

Sec.  6992.  In  case  there  be  a  surplus  fund  on 
hand  at  the  time  of  the  formation  of  said  district,  it 
shall  be  entitled  to  a  proportionate  part   of  said  fund, 

(d.)  School  districts  are  not  liable  for  trespass  committed  by 
their  officers. 

School  District  No.  11  v.  Williams,  38-454. 
See  School  District  v.  Bodenhamer,  43-140;  School  Dis- 
trict V.  Reeve,  56-68. 
Mandamus  can  only  be  used  after  judgment  against  a  school 
district  to  force  the  payment  of  debt. 

School  District  v.  Bodenhamer,  43-140. 
School  property  is  not  subject  to  the  tax,  and  suit  therefore,  for 
local  improvements  of  a  public  nature. 

Board  v.  School  District,  56-354. 

(e.)  This  section  contemplates  a  petition  by  a  majority  of  the 
electors  of  all  the  districts  combined,  and  not  a  majority  of  the 
electors  of  each  district  separately. 

Hudspeth  V.  Wallis,  54-134. 


SCHOOL    LAWS.  29 

the  same  to  be  ascertained  and  determined  by  the 
county  court  of  the  county  in  which  said  new  district 
may  be  created,  as  in  the  judgment  of  said  court  may 
be  considered  right  and  proper.  Act  April  8,  1887, 
sec,  3, 

APPORTIONMENT  OF  SCHOOL  FUNDS. 

Sec.  6993.  The  county  court,  immediately  on  re- 
ceiving notice  of  the  distributive  share  of  school  revenue 
apportioned  by  the  state  superintendent  to  each  county, 
shall  proceed  to  apportion  to  the  several  school  districts 
of  the  county,  in  proportion  to  the  number  of  persons 
between  the  age  of  six  and  twenty-one  years  residing 
within  the  school  districts,  respectively,  on  the  first 
Monday  of  July  previous,  the  said  school  revenue  ap- 
portioned to  the  county,  and  shall  forward  to  the  county 
treasurer,  and  to  each  of  the  directors  of  each  district, 
a  statement  of  such  apportionment,  carefully  distin- 
guishing the  sources  from  which  the  school  revenues  so 
apportioned  are  derived,  and  the  amount  due  each 
school  district  in  the  county  from  each  separate  source, 
and  shall  see  that  the  revenues  from  the  pubhc  school 
fund  are  invariably  paid  to  the  county  and  to  the 
school  districts  strictly  in  accordance  with  the  appor- 
tionment made  to  them(f). 

In  the  case  of  J.  C.  Merritt  et  al.  v.  J.  H.  Merritt,  County  Judges 
appealed  from  Arkansas  county,  the  supreme  court,  in  May,  1891, 
held: 

*'It  was  the  duty  of  appellant,  as  county  judge,  on  receiving  no- 
tice of  the  amount  apportioned  to  the  county,  to  proceed  to  appro- 
priate the  same  to  the  several  districts  upon  whose  enumeration 
the  superintendent  made  the  apportionment.  The  duty  was  abso- 
lute, and  in  its  performance  the  county  judge  had  no  discretion. 
There  is  no  reason  why  a  district  should  be  kept  out  of  its  funds, 
for  any  length  of  time,  on  account  of  county  lines,  and  it  is  the  duty 
of  the  county  judge  to  prevent  it.  If  he  fails  to  do  his  duty,  its  per- 
formance should  be  coerced." 

This  case  clearly  establishes  the  following  principles: 

1.  The  county  judge  must  apportion  common  school  funds 
upon  the  enumeration  of  the  apportionment  as  made  by  the  super- 
intendent and  upon  no  other.  He  has  no  right  to  change  the  enum- 
eration and  apportionment.  He  simply  appropriates  to  each  dis- 
trict the  amount  apportioned  by  the  state  superintendent. 

2.  This  must  be  done  without  delay  and  despite  changes  in 
county  lines. 

(/.)  Apportionment  may  be  compelled  by  mandamus,  and  the 
parents  of  children  of  scholastic  age  are  proper  parties  to  petition 
therefor. 

Mattox  V.  NeaL  45-121. 


30  SCHOOL    LAWS. 

3.  Duties  are  absolute  and  contain  no  element  of  discretion. 
This  principal  applies  to  every  school  oflftcer  and  teacher. 

In  view  of  this  decision  and  in  the  change  of  time  for  making 
the  state  apportionments,  I  suggest  that  the  county  judge  hold  an 
adjourned  term  during  the  fourth  week  in  August  for  the  appropria- 
tion to  districts  of  the  funds  apportioned  on  the  first  Monday  in 
August. 

The  poll  tax  has  been  distributed  heretofore  in  two  ways: 

1.  The  amount  of  the  per  capita  tax  collected  in  each  district 
of  the  county  has  been  apportioned  to  the  district  in  proportion  to 
their  educable  children. 

2.  The  whole  amount  collected  in  the  county  has  been  appor- 
tioned to  the  district  in  proportion  to  their  educable  children. 

The  latter  is  the  proper  method.  The  per  capita  tax  is  for  the 
common  schools  of  the  county  and  should  be  apportioned  upon  the 
basis  of  educable  children  therein  and  Dot  upon  a  narrow  basis. 

The  following,  as  to  the  rights  of  the  district  over  the  funds 
after  apportionment,  are  deduced  from  an  opinion  of  the  attorney 
general : 

1.  That  the  funds  derived  from  the  state,  and  from  the  per 
capita  *tax,  and  from  the  tax  voted  by  the  district  at  the  annual 
school  meeting,  after  they  reach  the  county  treasury  and  are  ap- 
portioned by  the  county  court  to  the  school  district,  become  the 
absolute  property  of  such  district  for  the  purpose  of  maintaining 
public  schools  therein,  subject  to  disbursement  on  the  warrant  of 
the  board  of  directors  of  a  separate  school  district. 

2.  That  in  other  than  separate  school  districts,  the  school  di- 
rectors may  apply  such  funds  to  no  other  purpose  than  those  di- 
rected by  a  majority  of  the  electors  of  the  district  at  their  annual 
school  meeting. 

3.  That  in  other  than  separate  school  districts,  the  electors 
may,  at  their  annual  meeting,  fix  a  site  for  a  school  house,  or 
raise  money  for  building  or  purchasing  a  school  house ;  Provided^ 
The  directors  have  given  notice  that  these  matters  were  to  be  sub- 
mitted for  consideration  and  action,  as  required  by  section  69  of  the 
school  law  of  December  7,  1875. 

4.  That  it  is  within  the  power  of  the  board  of  directors  of 
separate  school  districts  to  apply  any  part  of  the  fund  belonging  to 
such  district,  which  has  not  been  otherwise  appropriated  to  the 
purpose  of  building  and  purchasing  a  school  house  irrespective  of 
the  source  from  which  such  fund  came,  but  that  such  power  cannot 
be  exercised  by  the  directors  of  other  school  districts,  unless  they 
have  been  authorized  to  do  so  by  the  electors  of  the  district  at  an 
annual  school  meeting.     See — 

School  Act  of  December  7,  1875. 
Lee  V.  Trustees  of  School  District  No.  36. 
New  Jersey  Equity  Reports.,  581. 
Mansfield^ s  Digest,  chapter  135. 

Sec,  6994.  Whenever  a  new  district  shall  have 
been  formed  and  organized,  the  court  shall,  at  the 
next  apportionment  made  thereafter,  apportion  to  the 
new  district,  school  revenues  in  proportion  to  the  num- 
ber of  persons  between  the  ages  of  six  and  tw^enty-one 
years  reported  by  the  directors  of  the  new  district; 
Provided  always,  The  number  of  persons  between  the 
ages  of  six  and  twenty- one  years  reported  in  any  year 


SCHOOL    LAWS.  '    31 

by  the  district  electors  of  each  county  shall  be  taken  as 
the  quota  of  that  county,  and  the  number  reported 
from  each  school  district  shall  be  taken  as  the  quota  of 
that  district,  and  that  the  only  basis  on  which  an  ap- 
portionment of  the  school  revenue  shall  be  made  is  to 
be  the  number  of  persons  so  reported  each  year  by  the 
district  directors.     Act  Dec.  7,  1875,  sees.  40-41. 

Sec.  6995.  The  county  examiners  of  the  several 
counties  shall,  annually,  between  the  tenth  and  twen- 
tieth days  of  September,  transmit,  verified  by  affidavit, 
to  the  county  clerks  of  their  respective  counties  a 
written  report,  showing  the  number  of  persons  between 
the  ages  of  six  and  twenty-one  years  residing  in  each 
school  district  in  their  respective  counties,  as  shown  by 
the  reports  of  the  district  directors  made  for  the  same 
year  to  the  county  examiners,  as  is  now  required  by 
law. 

Sec.  6996.  The  county  clerks  shall,  during  the 
first  terms  of  their  respective  county  courts  held  after 
the  reception  of  the  reports  provided  for  in  the  preced- 
ing section,  lay  such  reports  before  such  county  courts, 
to  be  used  as  a  guide  in  making  the  apportionment  of 
the  general  school  fund  to  the  various  school  districts. 
Act  March  23,  1891. 

Sec.  6997.  Any  county  which,  by  a  change  of 
county  lines,  or  by  the  formation  of  a  new  county  or 
counties,  shall  fail  to  receive  the  school  funds  which 
justly  should  be  apportioned  to  it,  from  the  fact  of  its 
school  population  being  reckoned  with  that  of  the 
county  or  counties  to  which  the  said  funds  may  be  ap- 
portioned, shall  be  reimbursed  for  the  loss  thus  in- 
curred. Said  loss  shall  be  corrected  in  the  first  appor- 
tionment of  the  school  revenue  thereafter.  Provided, 
If  such  correction  be  not  made  in  the  first  apportion- 
ment thereafter,  it  may  be  made  in  the  second(.(7). 

Sec  6998.  The  amounts  refunded  according  to 
the  provisions  of  section  6997  shall  be  deducted  from 
the  funds  apportioned  to  the  counties  which  were  the 
original  recipients  of  the  erroneously  apportioned  rev- 
enues. 

{g.)    See  Merritt  v.  School  District,  34-468. 

Mandamus  will  lie  to  compell  apportionment  as  herein  pro- 
vided.   76. 


32     •  SCHOOL    LAWS. 

Sec.  6999.  Upon  the  presentation  of  the  certifi-^ 
cate  of  the  superintendent  of  public  instruction  of  the 
amount  or  amounts  due  any  county,  by  the  provisions 
of  this  act,  to  the  auditor,  he  shall  draw  his  warrant  on 
the  state  treasurer  for  said  amount  or  amounts  in  favor 
of  the  treasurer  of  said  county  for  the  benefit  of  the 
school  fund  and  in  compliance  with  section  6997.  Act 
March  6,  1877. 

COUNTY  EXAMINERS. 

Sec.  7000.  The  county  court  of  each  county  shall, 
at  the  first  term  thereof  after  each  general  election,  ap- 
point in  each  county,  not  divided  into  two  judicial  dis- 
tricts, one  county  examiner,  and  in  each  county  divided 
into  two  judicial  districts  may  appoint  one  county  ex- 
aminer for  each  district,  such  examiner  to  be  of  high 
moral  character  and  scholastic  attainments.  Act  Bee. 
7,  1875^  sec.  42,  as  amended  hy  sec.  1,  act  March  20, 
1883.  and  act  March  7,  1893. 

The  county  examiner  is  one  of  the  most  important  officers  of 
the  schools.  He  is  the  sentinel  placed  by  law  on  the  ramparts  of 
the  system.  If  he  is  capable,  honest  and  zealous  the  school  sys- 
tem will  grow  stronger  in  each  county.  The  law  does  not  require 
mere  moral  character  and  mere  scholastic  attainment.  It  demands: 

1.  Hgh  moral  character. 

2.  High  scholastic  attainments. 

N3  one  should  be  appointed  to  this  office  under  any  circum- 
stances who  is  addicted  in  the  least  degree  to  profanity,  drunken- 
ness, gambling,  licentiousness  or  any  other  demoralizing  vice,  or 
who  does  not  believe  in  the  existence  of  a  Supreme  Being.  Teach- 
ers are  not  to  be  licensed  if  they  have  these  vices,  and  what  is  for- 
bidden to  the  examinee  is  emphatically  denied  to  the  examiner.  It 
is  a  safe  plan  to  require  total  abstinence  in  all  these  enumerated 
particulars. 

As  to  scholastic  ability  the  very  best  man  in  this  respect  should 
be  obtained.  He  who  is  to  sit  in  judgment  upon  others  should  be  a 
judge.  An  ignorant  examiner  is  a  disgrace  to  the  judge  who  ap- 
pointed him  and  a  degradation  to  the  county. 

1.  The  examiner  must  have  the  qualifications  of  an  elector. 
He  is  an  officer  of  the  state— being  a  part  of  the  executive  depart- 
ment of  the  state.    A  woman  may  not  be  appointed  to  this  position. 

In  Elmore  v.  Overton,  104  Ind.,  548,  the  learned  judge  held: 
**The  office  of  county  superintendent  belongs  to  the   executive 
department  of  the  state,  and  the  statute  does  not  confer  upon  the 
incumbent  either  judicial  or  quasi  judicial  power  in  the  matter  of 
licensing  persons  to  teach  in  the  common  schools." 

2.  Every  applicant  for  the  position  of  examiner  who  is  a 
teacher  should  present  as  evidences  of  his  scholastic  qualiflcati'^'n 
either  a  license  from  the  state  superintendent  or  a  first  grade  license 
from  a  competent  examiner.  There  is  no  one  to  examine  him  ex- 
cept the  state  superintendent,  and  he  can  not  license  himself.  Un- 
less licensed  by  the  state  superintendent  there  is  no  way  by  which 


SCHOOL    LAWS.  33 

this  officer  may  obtain  a  license  to  teach.  No  second  or  third  grade 
teacher  can  measure  up  to  the  requirements  of  the  statute  which 
requires  "high  scholastic  attainment." 

3.  Every  applicant  who  is  not  a  teacher  should  be  required  to 
show  his  qualifications  by  either  a  diploma  from  a  first-class  school 
or  a  license  from  some  first- class  examiner. 

4.  No  apportionments  of  any  kind  should  be  made  as  a  politi- 
cal reward  or  from  denominational  considerations.  No  one  should 
be  appointed  who  cannot  give  his  time  to  the  work. 

The  act  passed  March  7,  1893,  amends  the  preceding  section  in 
several  important  particulars. 

Sec.  7001.  Any  appointments  heretofore  made  by 
the  county  courts  for  the  districts  of  such  counties  as 
are  mentioned  in  the  preceding  section  in  which  an  ex- 
aminer has  been  appointed  for  each  district  are  hereby 
declared  to  be  legal  and  valid  appointments.  Act 
March  20^  1883,  sec.  2. 

Sec.  7002.  Before  entering  upon  the  duties  of 
that  office,  the  county  examiner  shall  take  and  subscribe 
the  oath  prescribed  for  officers  by  the  constitution  of 
this  state,  and  file  such  oath  in  the  office  of  the  county 
clerk.     Act  March  7,  1875,  sec.  43. 

Sec.  7003.  All  county  examiners  shall  be  required, 
before  entering  upon  the  duties  of  their  office,  to  stand 
the  same  examination  as  is  required  of  the  teachers  who 
receive  first  grade  licenses. 

Sec.  7004.  No  one  shall  fill  the  offices  of  county 
examiner  and  school  director  at  the  same  time. 

Sec.  7005.  The  clerk  of  the  county  court  in  each 
county  shall  notify  the  superintendent  of  public  in- 
struction of  the  appointment  of  the  county  examiner  in 
his  county  immediately  upon  his  appointment,  together 
with  his  name  and  address. 

Sec.  7006.  The  superintendent  of  public  instruc- 
tion shall  either  attend  in  person  or  appoint  some  one 
duly  qualified  to  examine  such  person  appointed  as 
county  examiner,  as  to  his  qualifications,  using  the* 
same  questions  as  are  then  being  used  in  the  examina- 
tion of  teav^.hers  applying  for  first  grade  license. 

Sec.  7007.  All  county  examiners  shall  be  paid 
such  salary  each  year  as  may  be  fixed  by  the  county 
judge  of  the  county  for  which  he  was  appointed,  out  of 
the  school  fund  of  such  county ;  Provided,  Such  salary 
shall  not  be  greater  than  the  amount  received  by  the 

S— 3 


34  SCHOOL    LAWS. 

county  treasurer  from  the  tax  imposed  in  the  following 
section. 

Sec.  7008.  No  coynty  examiner  shall  examine  any 
one  applying  to  him  for  license  as  a  teacher  until  he 
shall  present  a  receipt  from  the  county  treasurer  for 
two  dollars  paid  by  him  to  such  treasurer  to  go  to  the 
credit  of  the  county  school  fund.  Act  March  7,  1893, 
sees.  1-4. 

1.  Every  examiner  appointed  after  March  7,  1893,  must  hold  a 
license  granted  by  the  state  superintendent  of  public  instruction. 
These  licenses  are  of  two  kinds,  the  regular  state  license  and  the 
examiners'  license.  This  last  instrument  is  based  upon  an  examina- 
tion equivalent  to  that  upon  which  a  first  grade  certificate  is  based, 
and  is  good  for  two  years. 

2.  The  office  of  examiner  and  school  directors  are  made  incom- 
patible. 

3.  The  examiner's  fee  must  be  paid  to  the  county  treasurer 
and  not  to  the  examiner.  He  should  refuse  to  accept  the  fee  at  any 
time  other  than  on  the  regular  examination  days,  the  third  Thurs- 
day and  Friday  in  June,  September,  December  and  March.  The  ir- 
regular days  and  times  adopted  by  examiners  in  defiance  of  law 
and  of  the  agreement  of  examiners  is  working  great  evil  to  the  sys- 
tem. Some  examiners  set  their  days  for  public  examinations  a 
short  time  before  the  regular  examination  days  and  advertise  it. 
Teachers  from  surrounding  counties  travel  to  the  early  examination, 
secure  the  questions  and  then  take  the  regular  examination  in  their 
home  counties.  This  is  wrong.  The  examiner  has  no  right  to 
change  the  dates  of  the  examination.  The  duty  is  a  public  one  and 
there  are  mutual  duties  and  responsibilities.  Each  examiner  owes 
his  neighbor  good  faith  and  he  is  derelict  when  he  subjects  their 
honest  labor  to  violence.  County  treasurers  should  refuse  to  be 
paities  to  the  wrong.  If  the  applicant  comes  at  an  irregular  time, 
he  should  present  a  statement  from  the  examiner  that  the  exami- 
nation is  a  private  one  and  that  the  applicant  has  a  lawful  excuse 
for  non-attendance  upon  the  public  examination. 

4.  The  intention  of  the  statute  was  to  fix  the  salary  of  the  ex- 
aminer at  an  amount  equal  to  the  amount  paid  in  by  the  applicants 
for  certificates,  less  the  treasurers'  commissions.  It  was  never  in- 
tended to  reduce  the  miserable  pittance  already  paid  these  officers 
beyond  this  commission. 

5.  This  law  does  not  repeal  the  law  passed  March  3,  1887,  sec. 
7025  of  the  digest,  and  which  authorizes  the  county  court  to  make 
an  allowance  to  the  examiner  for  express  charges,  postage,  etc. 
This  amount  is  twenty-five  dollars  and  is  an  expense  account,  and 
no  part  of  the  salary.  This  amount,  twenty-five  dollars,  is  exclu- 
sive of  the  ten  dollars  allowed  by  the  same  act  for  making  a  report 
to  the  state  superintendent.  By  any  fair  construction  the  act 
authorized  not  only  an  amount  for  postage,  etc.,  but  an  additional 
amount  for  the  report.  The  first. could  not  exceed  twenty-five  dol- 
lars, but  was  not  connected  with  the  latter  allowance. 

Any  fee  greater  than  two  dollars  is  illegal.  This  fee  is  the  same 
for  either  public  or  private  examination  and  is  to  be  paid  for  the 
examination  and  not  for  the  certificate.  It  should  be  paid  before 
the  examination  begins  to  the  county  treasurer  and  a  receipt  taken. 

The  examination  must  be  quarterly  and  public.  The  dates 
fixed  for  these  quarterly  examinations  are  the  third  Thursday  and 


SCHOOL    LAWS.  35 

Friday  of  March,  June,  September  and  December.  The  written 
questions  are  furnished  by  the  state  superintendent  and  are  uni- 
form throughout  the  state.  The  regulations  as  to  grading  of  certi- 
ficates are  furnished  to  each  examiner  with  the  questions.  He  is 
positively  forbidden  to  grant  certificates  without  examination,  or 
upon  a  partial  examination,  or  to  any  one  who  does  not  reach  the 
standards  adopted  by  the  law.  The  examination  should  be  held  at 
the  school  house  and  never  in  a  court  house.  The  county  court 
should  arrange  for  the  regular  use  of  a  room  in  the  school  building. 

The  examiner  must  attend  these  examinations  in  person.  He 
must  examine  upon  all  the  branches.  He  can  only  examine  at  the 
time  and  place  appointed.  He  must  convince  himself  by  evidence 
if  the  applicants  are  not  known  to  him  that  they  are  of  good  moral 
character.  He  must  exclude  every  person  who  is  given  to  profanity, 
drunkenness,  gambling,  licentiousness  or  other  demoralizing  vices. 
Such  vices  may  be  a  refusal  to  obey  the  law  as  to  institute  work  or 
regular  examination  work.  A  positive  refusal  upon  the  part  of  an 
applicant  or  one  holding  a  license  to  obey  the  school  law  should  ex- 
clude him  or  take  from  him  his  license.  Obedience  to  law  is  the 
first  mark  of  a  true  t  acher,  and  no  one  may  claim  privileges  under 
it  who  refuses  to  obey  it.  He  should  asc^ertain  by  direct  question 
the  belief  of  every  person  as  to  the  Supreme  Being.  The  words 
''who  is  given  to,"  mean  either  "habitual"  or  "habitual  when  op- 
portunity affords . "  It  require  no  nice  distinction  to  avoid  extremes 
at  this  juncture.  If  the  applicant  is  given  to  these  things  so  as  to 
raise  a  question  of  doubt  in  the  mind  of  the  examiner,  the  applicant 
should  be  excluded.  The  doubt  must  be  resolved  in  favor  of  the 
schools  and  not  in  favor  of  the  applicants.  He  must  show  a  posi- 
tive moral  character,  one  emphatically  marked  by  the  absence  of 
these  vices  and  cannot  rely  upon  the  ordinary  presumptions  of  in- 
nocence. He  must  show  himself  clear  or  be  excluded  from  the 
state's  schools. 

He  must  ascertain  from  the  examination  of  each  applicant  un- 
der the  regulations  of  the  superintendent  of  public  instruction  not 
only  scholarship,  but  competency  to  teach.  And  not  only  a  bare 
competence,  but  a  competence  to  teach  successfully.  And  if  the 
examiner  is  not  qualified  to  pass  upon  this  question  he  should  re- 
sign his  office.  Every  certificate  granted  to  one  who  is  unworthy, 
either  mentally  or  morally,  to  receive  it,  is  not  only  violation  of 
law,  but  is  a  direct  blow  at  the  heart  of  our  common  schools.  Such 
a  certificate  is  an  official  license,  not  to  elevate  and  bless,  but  to  in- 
jure and  degrade,  and  it  may  be  to  contaminate  and  curse  the 
schools  and  the  community.  Good  schools  can  not  be  taught  by 
incompetent  teachers;  the  moral  atmosphere  of  the  schools  can  not 
be  kept  pure  by  profane  and  irreverent  teachers.  A  poor  school 
may  be  a  great  deal  worse  than  no  school,  and  the  state  desires 
good  teachers  or  none.  There  is  no  provision  made  in  the  economy 
of  the  school  system  for  the  absolutely  incompetent  teacher.  Ex- 
aminers should  strike  down  smatterers  and  pretenders  whenever 
they  present  themselves,  no  matter  v^hat  may  be  their  position  in 
society  or  standing  among  men.  They  should  strive  to  show  direc- 
tors and  patrons  that  these  poor  teachers: 

1.  Plant  habits  of  study  which  are  hard  to  eradicate. ^ 

2.  Inculcate  carelessness  and  inattention,  two  fundamental 
educational  sins. 

3.  Plant  false  ideas  of  facts  and  principles. 

The  examiner  should  carefully  study  the  standard  adopted  by 
the  state  superintendent  and  conform  thereto.    This  is  in  conjunc- 


36  SCHOOL    LAWS. 

tion  with  the  one  adopted  by  the  examiner  should  form  an  invari- 
able rule  of  practice  in  the  issuance  of  certificates. 

The  state  superintendent  furnishes  the  written  questions,  but 
the  examiner  should  supplement  these  by  oral  questions. 

The  oral  method  discloses : 

(a.)    Methods  of  teaching. 

(b.)     Skill  and  expedients. 

(c.)    Aptness  in  illustration. 

(d.)     Rapidity  of  thought. 

The  written  plan  shows: 

(a.)    Habits  of  thinking. 

(b.)     Modes  of  reasoning. 

(c.)     Proofs  of  discipline. 

(d.)    Accuracy. 

(e.)    Acquaintance  of  principles. 

(f.)    Availability  of  knowledge. 

The  time  to  be  given  to  each  branch  is  suggested  upon  each  ex- 
amination sheet. 

Sec.  7009.  It  shall  be  the  duty  of  such  examiner 
to  examine  and  license  teachers  of  common  schools. 
He  shall  hold,  quarterly,  at  the  county  seat  of  each 
county,  in  a  suitable  room  to  be  provided  by  the  county 
court,  a  public  examination  for  that  purpose,  and  shall, 
previous  to  holding  such  examination,  give  at  least 
twenty  days^  notice  thereof  to  the  directors  of  each 
school  district  within  the  county,  whose  duty  it  shall  be 
to  file  the  original  notice  in  their  office,  and  post,  with- 
out delay,  copies  of  said  notice  in  three  or  more  of  the 
most  conspicuous  places  within  their  district.  He  shall 
conduct  all  examinations  by  written  and  oral  questions 
and  answers,  but  shall  grant  no  certificates  of  qualifica- 
tions except  in  accordance  with  the  provisions  of  law 
respecting  teachers^  certificates.  Act  Dec.  7,  1875 j  sec. 
44,  as  amended  by  act  March  7,  1893,  sec.  3.  See  sec. 
6956. 

Sec.  7010.  He  shall  at  the  time  and  places  ap- 
pointed for  holding  public  examinations,  examine  in 
orthography,  reading,  penmanship,  mental  and  written 
arithmetic,  English  grammer,  modern  geography,  his- 
tory of  the  United  States,  and  in  the  theory  and  prac- 
tice of  teaching,  and  physiology  and  hygiene. 

Sec.  7011.  All  persons  present  and  applying  for 
an  examination,  with  the  intention  of  teaching,  the  ex- 
aminer, if  convinced  that  such  persons  are  of  good 
moral  character  and  are  competent  to  teach  successfully 
the  foregoing  branches,  shall  give  such  persons  certifi- 
cates, ranking  in  grades  to  correspond  with  the  relative 


, .         0»^  7  HE        '^ 

UNIVERSITY 

SCHOOL    LAWS.  37 

qualifications  of  the  applicants,  according  to  the  stand- 
ard adopted. 

Sec.  7012.  He  shall  not  license  any  person  to 
teach  who  is  given  to  profanity,  drunkenness,  gambling, 
licentiousness  or  other  demoralizing  vices,  or  who  does 
not  believe  in  the  existence  of  a  Supreme  Being;  or 
shall  he  be  required  to  grant  private  examinations. 

Sec.  7013.  He  may  cite  to  re-examine  any  person 
holding  a  license  and  under  contract  to  teach  any  free 
school  within  his  county,  and  on  being  satisfied  by  a  re- 
examination, or  by  other  means,  that  such  person  does 
not  sustain  a  good  moral  character,  or  that  he  has  not 
sufficient  learning  and  ability  to  render  him  a  compe- 
tent teacher,  he  may,  for  these  and  other  adequate 
causes,  revoke  the  license  of  such  person. 

Re -EXAMINATION.  Every  examiner  is  required  to  cite  for  re- 
examination any  person  under  contract  to  teach  who  does  not  sus- 
tain a  good  moral  character,  or  who  has  not  sufficient  learning  or 
ability  to  make  him  a  competent  teacher.  He  may  ascertain  the  in- 
competency to  teach  by  other  means  than  re -examination.  He 
may  visit  the  schools,  he  may  hear  the  directors  or  he  may  hear  the 
parties.  In  all  such  cases,  he  must  deal  fairly,  but  if  he  is  fully  sat- 
isfied, he  must  revoke  the  license. 

The  statute  permits  a  revocation  for  other  than  "immoral 
character"  and  "mental  incompetency."  The  words  of  the  statute 
are  "for  these  and  other  adequate  causes."  The  other  adequate 
causes  are  numerous: 

(a.)  Refusal  to  conform  to  the  law  of  the  regulations  of  the 
state  superintendent. 

(b.)  Refusal  to  conform  to  the  regulations  of  directors  or  of 
the  county  examiner. 

(c.)     Refusal  to  obey  the  law  as  to  institutes  or  examinations. 

In  all  cases  of  this  kind  the  teacher  should  have  due  notice  and 
a  fair  hearing. 

Sec.  7014,  In  case  of  such  revocation,  he  shall 
immediately  give  notice  thereof  to  such  teacher  and  the 
directors,  and  thereby  terminate  the  contract  between 
the  said  parties,  but  the  wages  of  such  teacher  shall  be 
paid  for  the  time  he  shall  have  actually  taught  prior  to 
the  day  on  which  he  received  notice  of  the  revocation 
of  his  license (/O.     Act  April  14^  1893. 

Sec.  7015.  In  addition  to  the  branches  now  pre- 
scribed by  law  to  be  taught  in  the  common  schools  of 
the  state,  it  is  made  the  duty  of  the  county  examiners  of 
the^  several  counties  of  this  state  to  examine  all  persons 

(h.)  The  power  given  the  examiner  to  revoke  license  under 
these  sections  is  not  exclusive  of  the  right  of  board  of  directors  to 
terminate  a  contract  for  gross  immorality  and  incompetency.  School 
District  v .  Man  ry ,  5  S-471. 


38  SCHOOL    LAWS. 

applying  for  examination  and  license  to  teach  in  such 
schools  as  to  their  knowledge  and  proficiency  in  the 
method  of  designating  and  reading  the  survey  of  the 
lands  of  this  state  by  ranges,  townships  and  sections, 
and  parts  of  sections,  as  surveyed,  platted  and  desig- 
nated by  the  government  of  the  United  States,  and  no 
such  applicant  shall  be  authorized  or  licensed  to  teach 
in  any  such  school  unless  found  upon  examination  pro- 
ficient in  the  method  of  designating  and  reading  land 
surveys,  as  in  this  act  provided. 

Sec.  7016.  It  is  made  the  duty  and  especially  im- 
posed upon  all  persons  teaching  in  the  public  schools 
to  teach  and  impart  the  instructions  here  provided  for, 
whenever  practicable  to  do  so,  and  a  wilful  neglect  or 
failure  to  discharge  the  duties  by  this  act  imposed,  shall 
be  deemed  sufficient  cause  for  the  revocation  of  license 
to  teach.     Act  February  16,  1893. 

Sec.  7017.  He  shall  issue  three  grades  of  certifi- 
cates, to  be  styled  respectively,  certificates  of  the  first, 
and  of  the  second  and  of  the  third  grades.  Certificates 
of  the  first  grade  shall  be  valid  in  the  county  for  which 
they  were  issued,  for  two  years.  Those  of  the  second 
grade  shall  be  valid  in  the  county  for  which  they  were 
issued,  for  one  year.  Those  of  the  third  grade  shall  be 
valid  in  the  county,  six  months.  But  he.  shall  not  re- 
new any  certificate  or  grant  a  license  without  an  exami- 
nation of  the  applicant  with  reference  thereto. 

No  certificate  can  be  granted  or  renewed  without  a  re-examina- 
tion. The  examination  is  a  personal  one.  The  special  trust  is  re- 
posed in  the  abilities,  judgment,  skill  and  learning  of  the  examiner, 
and  as  a  consequence,  the  services  must  be  personal.  It  is  a  viola- 
tion of  law  for  an  examiner  to  adopt  as  his  own  an  examination 
held  by  another ;  it  is  also  unlawful  to  grant  a  certificate  or  renew  a 
license  without  an  examination,  no  matter  what  recommendations 
or  testimonials  the  applicant  presents.  Every  certificate  issued  by 
the  examiner  should  show  upon  its  face  the  degree  of  qualification 
possessed  by  the  applicant  in  each  of  the  branches  named  in  the 
law.  Blanks  are  issued  by  the  state  superintendent  in  conformity 
to  law,  and  these  should  be  followed  by  each  examing  officer.  Cer- 
tificates issued  in  blank  should  be  carefully  avoided. 

PRIVATE   EXAMINATIONS. 

The  examiner  is  not  required  to  grant  a  private  examination. 
A  private  examination  is  one  held  at  other  than  the  regular  quart- 
erly dates.  A  private  examination  does  not  mean  one  less  difficult 
or  less  comprehensive  than  the  public  examination.  Its  character 
is  exactly  like  the  public  examination  in  every  particular,  save  that 
it  is  held  at  an  irregular  time.  Every  regulation  and  requirement 
Which  attaches  to  the  slated  public  examination  attaches  to  every 


SCHOOL    LAWS.  39 

private  examination,  and  it  is  an  open  violation  of  law  to  conduct 
them  on  any  basis  other  than  this.  Private  examinations  are  not 
occasions  for  the  examiner  to  do  in  a  corner  what  he  cannot  do  pub- 
licly. Examiners  should  never  grant  a  private  examination  unless 
under  a  pressing  public  necessity  certified  to  by  the  board  of  direc- 
tors whose  interests  are  affected. 

Sec.  7018.  He  shall  keep  a  record  of  the  age, 
name,  sex,  postoffice  address  and  nativity  of  each  per- 
son licensed  by  him  to  teach,  and  of  the  date  and  grade 
of  his  certificate,  and  shall  include  such  record  in  his 
report  to  the  state  superintendent. 

Sec.  7019.  He  shall  encourage  the  inhabitants  to 
form  and  organize  school  districts,  to  establish  public 
schools  therein,  under  qualified  teachers,  to  furnish 
suitable  text  books  for  their  children  and  to  send  them 
to  school.  He  shall  direct  the  attention  of  teachers  and 
school  patrons  to  those  methods  of  instruction  that  will 
best  promote  mental  and  moral  culture,  and  to  the  most 
feasible  and  improved  plan  for  building  and  ventilating 
school  houses.  He  shall  labor  to  create  among  the  peo- 
ple an  interest  in  public  schools,  and  shall  take  advan- 
tage of  public  occasions,  such  as  the  dedication  of  school 
houses,  public  examinations  and  institutes,  to  impress 
people  with  the  importance  of  educating  every  child, 
and  consequently  of  the  duty  of  maintaining  a  system 
of  free  schools  established  by  law.  He  shall  receive  the 
reports  of  the  directors,  transmit  an  abstract  of  the  same 
to  the  state  superintendent,  and  transmit  therewith  a 
report  of  the 'condition  and  prospects  of  the  schools  un- 
der his  superintendence,  together  with  such  other  infor- 
mation and  suggestions  as  he  may  deem  proper  to  com- 
municate. 

The  best  place  for  the  performance  of  the  chief  part  of  these 
duties  is  at  the  county  institute.  No  man  who  can  not  or  will  not  do 
the  things  required  by.  this  section  should  accept  the  office  of  ex- 
aminer. 

The  interests  of  education  in  each  county  would  be  largely  ad- 
vanced if  examiners  took  advantage  of  all  public  occasions  to  do 
their  duty.  The  whole  duty  of  an  examiner  is  not  to  mark  examina- 
tion papers  and  draw  the  fees  therefor.  Neither  are  these  duties  to  be 
separated  from  the  duties  of  examination  and  classed  as  "require- 
ments without  compensation."  The  whole  duties  of  the  office  must 
be  taken  together  and  the  total  fees  collected  are  to  be  considered 
as  full  payment  for  the  full  performance  of  all  duties.  The  negli- 
gence of  examiners  to  do  any  one  of  the  public  ac's  required  by  this 
section,  or  to  properly  abstract  the  reports  of  the  directors  should 


40  SCHOOL    LAWS. 

work  removal  from  office  at  once.  In  many  cases  the  blame  for  de- 
ficient examiners'  reports  is  cast  upon  the  directors  when  the  truth 
is  that  the  examiners  are  too  negligent  or  too  lazy  to  do  the  work. 

Political  or  religious  considerations  should  not  bias  an  examiner 
in  granting  certificates.  If  he  cannot  be  thoroughly  impartial  he  is 
not  the- man  for  the  office. 

The  department  of  education  looks  with  disfavor  on  private 
normals,  held  by  county  examiners  to  coach  teachers  for  quarterly 
examinations.  He  should  be  absolutely  disinterested  in  every  par- 
ticular, except  as  to  merits  and  qualification. 

Sec.  7020.  He  shall,  annually,  on  or  before  the 
twentieth  of  September,  prepare  in  tabular  form  an  ab- 
stract of  the  reports  made  to  him  by  the  directors  of 
the  school  districts  embraced  within  his  county,  show- 
ing the  number  of  organized  districts  in  his  county  at 
the  commencement  of  the  year,  on  the  first  day  of  July 
preceding,  the  districts  that  have  made  their  annual  re- 
ports, the  number  of  persons  in  each  district  between 
the  ages  of  six  and  twenty-one  years,  distinguishing  the 
sex  and  also  the  color  of  said  persons;  the  number  of 
said  persons  that  attended  school  during  the  year;  the 
average  number  of  males  and  females  of  each  color  in 
daily  attendance ;  and  the  number  that  pursued  each  of 
the  studies  designated  to  be  taught  in  the  common 
schools ;  the  number  of  teachers  of  each  sex  employed 
in  his  county ;  the  average  wages  paid  per  month  to  the 
teachers  of  each  sex,  according  to  the  grade  of  their 
certificate;  the  whole  amount  paid  as  teachers'  wages 
in  his  county;  the  number  of  pupils  that  studied  in  his 
county,  and  the  several  branches  taught ;  the  number  of 
school  houses  erected  during  the  year  in  his  county,  ma- 
terial and  the  cost  of  the  same;  the  number  before 
erected,  the  material  used  in  their  construction,  their 
condition  and  value ;  the  grounds  ot  how  many  inclosed ; 
the  amount  of  money  raised  by  tax  in  each  district,  for 
what  purpose  raised;  the  amounts  that  have  been  ex- 
pended, and  for  what  purpose;  the  amount  of  revenue 
received  by  his  county  from  the  common  school  fund, 
and  received  for  the  support  of  schools  from  each  of  all 
other  sources;  for  what  purposes  and  in  what  sums  the 
said  revenues  were  expended,  and  what  amounts  unex- 
pended were,  at  the  close  of  the  school  year,  in  the 
county  treasury;  and  shall  report  also  the  number  of 
deaf  mutes,  blind  and  insane  in  each  school  district  in 
his  county,  under  thirty  years  of  age,  their  names  and 
their  postofiice. 


SCHOOL    LAWS.  41 

Sec.  7021.  He  shall  number  the  several  school 
districts  in  his  county  in  regular  order  from  number  one 
upward,  and  shall  keep  in  his  office  a  record  and  des- 
cription of  each  district,  with  the  boundaries  clearly  de- 
fined, and  also  a  record  of  such  changes  or  alterations 
in  the  boundaries  of  each  as  shall  from  time  to 'time  be 
made. 

Sec.  7022.  He  shall  have  the  powerto  appoint  some 
suitable  person  to  hold  teachers'  institutes  and  examine 
teachers  in  his  county  in  case  of  his  inability  to  attend 
such  institutes  and  examinations.  Act  Dec.  7,  1875^ 
sees.  45-52. 

Sec.  7023.  If  any  county  examiner  shall  be  found 
incompetent,  or  shall  be  frequently  neglectful  of  his 
duty,  upon  satisfactory  proof,  the  county  judge  shall 
lemove  him  from  office  and  shall  immediately  appoint 
his  successor.     Act  March  11,  1881,  sec.  7. 

Sec.  7024.  If  any  count}^  examiner  shall  neglect, 
fail  or  refuse  to  perform  any  of  the  duties  required  of 
him  in  section  7020,  and  shall  not  forward  the  abstract 
mentioned  in  said  section  to  the  superintendent  of  pub- 
lic instruction  on  or  before  the  twentieth  day  of  Sep- 
tember of  each  year,  he  shall  forfeit  to  the  county  the 
sum  of  twenty-five  dollars,  to  be  recovered  as  in  this  act 
provided,  together  with  all  cost,  and  be  paid  into  the 
county  treasury.     Act  of  March  11,  1881,  sec.  11. 

Sec.  7025.  Each  county  examiner  shall  make  out 
and  present  to  the  county  court  of  his  county,  at  its 
first  term  after  the  thirtieth  of  June  in  each  year,  an  ac- 
count for  expenditures  for  postage,  county  district  re- 
cords, or  a  school  district  map  of  the  districts  of  his 
county,  and  of  freight  or  express  charges  for  the  trans- 
mission of  blanks  or  such  other  expenditures  as  he  may 
have  actually  and  unavoidably  incurred,  and  the  county 
court  may  allow  the  same  in  any  sum  not  exceeding 
twenty-five  dollars  in  any  one  year,  including  ten  dol- 
lars for  his  report  to  the  superintendent  of  public  in- 
struction. 

Sec.  7026.  When  the  county  court  shall  have  al- 
lowed the  account  of  the  county  examiner  as  provided 
in  the  preceding  section,  the  county  clerk  shall  issue  a 
warrant  upon  the  treasurer  for  said  claim,  and  upon 
presentation  of  said  warrant  to  the  county  treasurer,  he 


42  SCHOOL    LAWS. 

shall  pay  the  same  out  of  the  common  school  funds  in 
his  hands  belonging  to  the  county  and  not  yet  appor- 
tioned to  the  several  school  districts.  Act  March  2^ 
1887,  sees.  2-3. 

DECISIONS. 

It  ha^  been  held  that  a  county  superintendent  is  not  entitled  to 
an  injunction  to  restrain  one  from  teaching  on  the  ground  that  he  is 
teaching  without  a  certificate  of  qualifications. 
Perkins  v.  Wolf  et  at.,  17  Iowa,  228. 
When  a  statute  vests  a  discretionary  power  in  a  county  super- 
intendent in  granting  licenses  to  teach,  the  judgment  of  the  court 
will  not  be  substituted  for  that  of  the  officer,  and  mandamus  will  not 
lie  to  compel  him  to  issue  a  license,  but  where  he  wholly  fails  to  act 
on  an  application  he  may  be  compelled  by  mandamus  to  take  action 
thereon. 

Bailey  v.  Ewart,  Northwestern  Reporter,  Vol.  2,  N.  S.,  Vol, 

2,  p.  1009. 
High^s  Extraordinary  Legal  Remedies,  sees.  24,  34,  43. 
Love  V.  Moore,  45  III..  12. 

ANNUAL   SCHOOL   MEETING. 

Sec.  7027.  That  the  male  residents  in  each  organ- 
ized school  district  in  this  state  over  the  age  of  twenty- 
one  years,  who  have  paid  their  poll  tax  and  resided 
therein  for  thirty  days,  and  within  the  state  for  a  period 
of  one  year,  and  in  the  county  six  months,  previous  to 
said  elections,  shall  annually  on  the  third  Saturday  in 
May  at  two  o'clock  p.  m.,  hold  a  public  meeting  to  be 
designated  "the  Annual  School  Meeting  of  the  Dis- 
trict,'' and  each  school  district  for  the  purpose  of  school 
elections  alone,  shall  be  a  political  township.  Act  Dec. 
7,  1875,  sec.  54,  as  amended  hij  act  of  January  10,  1897. 

Sec.  7028.  All  persons  qualified  to  vote  for  county 
and  state  officers  at  the  general  election  shall  be  deemed 
qualified  electors  of  the  school  district  in  which  they 
reside,  and  shall  have  the  privilege  of  voting  at  all 
school  meetings.* 

Sec.  7029.  The  electors  of  every  school  district 
shall,  when  lawfully  assembled  in  annual  district  school 
meeting,  with  not  less  than  five  electors  present,  have 
the  power,  by  a  majority  of  the  votes  cast  at  such  meet- 
ing: First,  to  choose  a  chairman;  second,  to  adjourn 
from  time  to  time;  third,  to  appoint,  when  necessary, 
in  the  absence  of  the  directors  of  the  district,  a  clerk 

*This  section  (7028)  declares  who  are  electors  in  a  school  meet- 
ing. Since  a  poll  tax  receipt  is  necessary  before  voting  for  county 
and  state  officers,  it  will  be  necessary  before  voting  in  a  school  elec- 
tion. 


SCHOOL    LAWS.  43 

pro  tem. ;  fourth,  co  elect  a  direetor  for  the  district  for 
the  next  three  school  years,  who  can  read  and  write; 
fifth,  to  designate  a  site  for  a  school  house;  sixth,  to 
determine  the  length  of  time  during  which  a  school 
shall  be  taught  more  than  three  months  in  a  year; 
seventh,  to  determine  what  amount  of  money  shall  be 
raised  by  tax  on  the  taxable  property  of  the  district, 
sufficient,  with  the  public  school  revenues  apportioned 
to  the  district,  to  defray  the  expenses  of  a  school  for 
three  months,  or  for  any  greater  length  of  time  they 
may  decide  to  have  a  school  taught  during  the  year; 
Provided,  No  tax  for  purposes  aforesaid  greater  than 
one-half  of  one  per  cent,  on  the  assessed  value  of  the 
taxable  property  of  the  district  shall  be  levied;  And 
provided,  further,  They  may,  if  sufficient  revenue  can- 
not be  raised  to  sustain  a  school  for  three  months  in  any 
one  year,  determine  by  ballot  that  no  school  shall  be 
taught  during  such  year,  in  which  case  the  revenue  be- 
longing to  such  district  shall  remain  in  the  treasury  to 
the  credit  of  such  school  district;  eighth,  to  repeal  or 
modify  their  proceedings  from  time  to  time(i). 

The  powers  of  the  electors  as  enumerated  herein  when  legally- 
exercised  are  final,  and  absolutely  determine  the  matters  named  in 
the  enumeration.  But  should  the  electors  presume  to  act  upon 
other  matters  not  herein  enumerated  their  action  would  be  advisory 
and  not  mandatory.  For  instance :  should  the  electors  vote  upon 
the  teacher  to  be  employed,  or  the  time  when  the  school  should  be- 
gin, or  the  wages  to  be  paid  the  teacher,  their  action  would  not  pre- 
clude the  directors  from  acting  differently.  All  such  matters  are 
given  into  the  hands  of  the  directors,  and  while  the  electors  may 
advise  they  may  not  direct  upon  any  matter  not  enumerated  in  the 
law. 

The  enumerated  powers  of  the  electors  are  : 

1.  To  choose  a  chairman.  Failure  to  choose  a  chairman  does 
not  invalidate  the  election  by  ballot  held  by  judges  and  clerks  under 
the  law. 

2.  To  adjourn  from  time  to  time.  If  there  is  any  business  that 
cannot  be  attended  to  at  the  annual  school  meeting  an  adjourned 
meeting  or  meetings  should  be  provided  for  at  the  annual  meeting. 
Otherwise  it  must  wait  the  next  regular  annual  meeting. 

3.  To  appoint  a  clerk. 

4.  To  elect  a  director  for  the  district  for  the  next  three  school 
years  who  can  read  and  write.  Electors  have  no  more  right  to  elect 
a  director  who  cannot  read  and  write  than  they  have  to  elect  a  di- 
rector who  lives  in  another  state  or  who  is  not  an  elector;  and  such 


(i.)    Directors  have  no  power  to  build  a  school  house  with  funds 
of  the  district  unless  authorized  to  do  so  at  the  annual  school  meet- 
ing, and  a  contract  made  for  such   purpose  under  authority  con- 
ferred by  a  special  meeting  held  in  June,  is  void. 
Fluty  V.  School  District,  49-94. 


44  SCHOOL    LAWS. 

an  election  confers  no  right  to  hold  the  oflSce.  Section  7040  author- 
izes the  electors  to  elect  a  director  to  fill  vacancies,  and  this  should 
be  done  at  the  same  time  that  the  director  is  chosen  who  is  to  serve 
three  years.  To  distinguish  between  the  director  who  is  to  serve 
three  years  and  the  one  who  is  to  fill  the  vacancy  the  tickets  in  such 
cases  should  indicate  in  addition  to  the  men's  names  the  length  of 
term  for  which  the  director  is  to  serve.  The  words  "regular  term," 
"two  years"  and  "one  year,"  are  a  sufficient  marking.  The  elector 
has  the  right  not  only  to  vote  for  any  eligible  person  for  direc- 
tor, but  in  cases  where  vacancies  are  to  be  filled  to  vote  for  the  man 
and  the  place  he  is  to  fill  or  the  time  he  is  to  serve.  Votes  cast  for 
the  same  person  but  for  different  times  must  be  counted  separately. 

5.  To  designate  a  site  for  a  school  house.  This  action  may  be 
taken  at  the  annual  meeting,  or  at  an  adjourned  meeting  of  the  an- 
nual meeting.  No  special  meeting  may  be  called  to  do  this  or  any 
other  act  enumerated  in  the  section  except  the  election  of  a  director 
to  fill  a  vacancy.  Before  the  site  may  be  lawfully  designated  at 
such  annual  meeting  the  notice  required  by  section  7053  must  have 
been  given.  ' 

6.  To  determine  the  length  of  time  during  which  a  school  shall 
be  taught  more  than  three  months  in  a  year.  This  has  given  rise 
to  some  confusion  of  thought  and  action.  Electors  seem  to  think 
that  unless  they  have  voted  affirmatively  for  an  extended  term  that 
three  months  is  the  limit  of  the  school  term.  This  is  not  the  case. 
The  object  for  which  taxes  are  levied  is  to  maintain  schools.  This 
is  affirmed  in  both  constitution  and  law.  Now,  if  the  money  appor- 
tioned to  the  district  from  the  state  and  from  the  per  capita  tax  is 
sufficient  to  maintain  a  school  for  more  than  three  months  it  is  the 
duty  of  the  directors,  without  any  affirmative  action  on  the  part  of 
the  electors,  to  maintain  the  school.  The  whole  object  of  the  statute 
was  to  prevent  directors  from  incurring  debt,  and  to  permit  the 
electors  to  provide  money  by  local  tax  for  an  extended  term,  pro- 
vided such  tax  were  needed.  And  if  the  electors,  without  specifi- 
cally voting  for  an  extended  term,  vote  such  a  local  tax  upon  them- 
selves as  will  maintain  an  extended  term,  it  is  tantamount  to  saying 
they  voted  to  extend  the  school.  It  cannot  be  argued  that  men  will 
levy  a  tax  upon  themselves  to  remain  idle  in  the  treasury.  Direc- 
tors may  lawfully  maintain  a  school  to  the  limit  of  the  funds  on  hand 
or  that  will  be  on  hand  by  operation  of  law  during  the  year.  They 
cannot  go  beyond  this.  Directors  are  required  to  maintain  a  school 
for  three  months  at  least,  and  if  the  funds  are  not  sufficient  to  de- 
fray all  expenses  of  such  schools  a  lesser  term  may  not  be  con- 
tracted for  unless  the  electors  have  either  failed  to  vote  by  ballot 
that  no  school  shall  be  taught  that  year,  or  have  voted  down  the 
proposition  of  no  school.  In  such  cases  the  only  alternative  for  the 
directors  is  to  maintain  the  school  for  the  longest  time  consistent 
with  the  means  on  hand.  Where  directors  have  money  sufficient 
to  maintain  a  three  months'  school  any  shorter  term  is  unlawful. 
No  term  of  school  of  three  months  should  be  divided.  It  should  go 
on  continuously  to  the  end. 

7.  To  determine  what  amount  of  money  shall  be  raised  by  tax- 
ation to  defray  the  expenses  of  a  school  for  three  months  or  for  any 
greater  length  of  time  If  this  amount  is  not  determined  by  the 
viva  voce  vote  of  the  electors  in  the  annual  meeting,  but  a  local  tax 
is  levied  nevertheless  by  ballot  at  the  election  following  the  mass 
meeting,  the  local  tax  must  be  taken  as  the  determination  of  this 
question,  and  the  directors  are  thereby  authorized  to  maintain  the 
school  for  three  months  or  for  such  longer  term  as  the  tax  levied 
will  justify.     If  the  tax  levied  is  specially  devoted  to  building,  re- 


SCHOOL    LAWS.  45 

pairs,  or  any  other  object,  it  may  not  be  appropriated  to  the  pay- 
ment of  teachers'  salaries. 

8.  To  repeal  and  modify  their  proceeding^.  The  annual  meet- 
ing, or  mass  meeting,  of  the  electors  should  be  attended  by  all  the 
electors.  The  account  of  the  directors  should  be  investigated  by 
committee  or  by  the  whole  body ;  questions  affecting  the  interest  of 
the  district  should  be  discussed  calmly  and  dispassionately;  the 
good  of  the  school  should  govern  every  citizen  who  attends  the 
meeting.  After  the  mass  meeting  the  election  should  begin  by 
ballot  and  pipceed  regularly  under  the  law.  Good  sense,  good  or- 
der and  patriotism  should  characterize  every  mass  meeting  of  citi- 
zens. 

Besides  these  powers,  the  electors  are  authorized  by  section 
7042,  to  direct  the  sale  or  exchange  of  the  site  or  school  house ;  and 
by  section  7065,  to  direct  the  use  of  the  school  house  with  reference 
to  private  schools ;  and  by  section  7050  to  direct  the  proceedings  in 
all  actions  and  suits  at  law  brought  for  or  against  the  district,  if  they 
elect  to  do  so. 

DECISIONS. 

Where  a  meeting  of  a  school  district  is  held  for  a  special  pur- 
pose, all  that  is  necessary  in  the  form  of  the  notice  is  that  it  should 
be  so  expressed  as  that  the  inhabitants  of  the  district  may  fairly  un- 
derstand the  purpose  for  which  they  are  convened. 
School  District  v.  Blakeslee^  13  Conn.,  227. 
Weeks  v.  Batchelder,  41  Vt.,317. 
Moore  v.  Beattie,  33  Vt.,  219. 
Bartlett  v.  Kinsley ,  15  Conn.,  227. 
Reasonable  time  for  opening  meeting  after  convening. 

School  District  v.  Blakeslee,  13  Conn.,  227. 
Money  for  school  purposes  may  be  voted  at  an  adjourned  meet- 
ing in  New  Jersey. 

State  V.  Lewis,  3o  N.  J.  L.,  377. 
Where  it  appears  that  a  site  for  a  school  house  has  been  chosen, 
it  will  not  be  invalidated  because  the  clerk  has  made  irregularities 
or  omissions  in  describing  the  site  selected. 
Merrittv.  Farris,  22  El.,  303. 
Record  of  the  school  meeting,  how  attacked  and  the  presump- 
tion of  law  flowing  from  it. 

School  District  V.  Blakeslee,  13  Conn.,  227. 
Bartlett V.  Kinsley,  15  Conn.,  327. 
School  District  v.  Atherton,  12  Met.  {^Mass.),  105. 
As  to  posting  of  notices. 

Fletchel  v.  Lincolnville,  20  Me.,  439. 

Sec.  7030.  The  annual  district  election  shall  be 
held  by  the  school  directors  as  judges,  who  shall  have 
power  to  appoint  two  clerks ;  and  if  any  of  the  directors 
should  not  attend,  the  assembled  voters  may  choose 
judges  in  the  place  of  those  not  attending,  and  the 
judges  and  clerks  shall  take  the  oath  prescribed  by  the 
general  election  law. 

Sec.  7031.  The  ballot  of  the  voter  shall,  in  addi- 
tion to  the  names  of  the  persons  voted  for  as  directors, 
have  written  or  printed  on  it  the  words  "for  tax,''  or 


46  SCHOOL    LAWS. 

^'against   tax/^  and  also  the  amount  of  tax  the  voter 
desires  levied. 

Sec.  7032.  When  the  polls  are  closedO')  the 
judges  shall  proceed  to  count  the  votes,  ascertain  the 
result  and  make  return  thereof  to  the  county  court, 
showing  the  number  of  votes  cast  for  each  person 
voted  for  for  school  director,  also  the  number  cast  for 
and  against  tax,  and  the  number  of  votes  cast  for  each 
amount  or  rate  of  tax  voted  for(^);  such  return,  to- 
gether with  the  ballots,  shall  be  sealed  up  and  delivered 
by  one  of  the  judges  to  the  county  clerk,  at  least  ten 
days  before  the  meeting  of  the  county  court  for  levying 
taxes. 

Sec.  7033.  The  county  court,  at  its  said  meeting 
for  levying  taxes,  shall  open  the  returns  and  ascertain 
whether  a  majority  of  the  votes  cast  be  for  tax;  and  if 
a  tax  has  been  voted,  then  the  court  shall  determine  the 
amount  of  taxes  voted  by  taking  the  largest  amount  or 
rate  of  taxation  voted  for  by  a  majorityof  the  voters, 
which  shall  be  levied  and  collected  by  the  district  so 
voting;  and  if  no  rate  shall  have  been  received  such 
majority,  then  all  the  votes  cast  for  the  highest  rate 
shall  be  counted  for  the  next  highest,  and  so  on,  till 
some  rate  voted  shall  receive  a  majority  of  all  the  votes 
cast.  Act  Dec.  7,  1875,  sees.  55-56,  as  amended  hy  act 
April  10,  1893,  sec.  4. 

Sec.  7034.  All  taxes  voted  for  school  purposes  by 
any  school  district  shall  be  levied  by  the  county  court 
at  the  same  time  the  county  taxes  are  levied,  and  shall 
be  collected  in  the  same  manner  as  the  county  taxes  are 
collected,  at  the  same  time  and  by  the  same  person,  and 
be  paid  into  the  county  treasury,  there  to  be  kept  sub- 
ject to  disbursement  on  the  warrant  of  the  school  direct- 
ors; Provided,  No  tax  for  the  purposes  aforesaid 
greater  than  one-half  of   one  per  cent,  on  the  assessed 

(j.)  As  to  time  for  opening  and  closing  the  polls,  see  Holland 
V.  Dames,  36-446. 

(fc.)  Unless  the  judges  make  return  of  the  election  or  vote  to 
the  county  court,  it  cannot  levy  the  tax.  Hodgkin  v.  Fry,  33-716. 
The  omission  of  the  judges  to  state  in  their  return  the  number  of 
votes  cast  for  and  against  the  proposed  tax  will  not  defeat  a  levy 
adopted  by  the  meeting.  Holland  v.  Davies,  36-446;  Staley  v. 
Leomans,  53-428  As  to  other  irregularities,  see  Holland  v.  Davies, 
supra,  and  Rogers  v   Kerr,  42-100. 


SCHOOL    LAWS.  47 

value  of  the  taxable  property  of  the  district  shall  be 
levied,  which  shall  be  done  by  ballot(0.  ^ct  Dec.  7, 
1875,  sec.  41. 

SCHOOL   DIRECTORS. 

Sec.  7035.  At  the  annual  school  meeting,  held  on 
the  third  Saturday  in  May,  there  shall  be  elected,  by 
the  legal  voters  in  each  school  district,  a  director,  who 
shall  hold  his  office  for  the  term  of  three  years,  and  un- 
til his  successor  shall  have  been  elected  and  have  qualified. 
Provided,  At  the  first  annual  school  meeting  of  the  dis- 
trict after  the  passage  of  this  act,  three  school  directors 
shall  be  elected,  to  hold  office  one,  two  and  three  years, 
respectively;  Provided,  further,  When  a  new  school  dis- 
trict shall  have  been  formed  under  the  provisions  of 
this  act,  three  directors  shall  be  immediately  elected  by 
the  electors  of  the  new  district,  and  shall  hold  their  of- 
fice for  one,  two  and  three  years,  respectively,  and  until 
their  successors  are  elected  and  qualified  as  herein  pro- 
vided for.  Act  Dec.  7,  1876,  sec.  57,  as  amended  hy  act 
March  11,  1881,  sec.  2,  and  act  January  30,  1889. 

Sec.  7036.  The  judges  of  any  school  election  of 
this  state  for  school  directors  shall  within  five  days  after 
said  election  give  to  the  said  elected  director  a  certificate 
of  his  election,  who  shall  within  ten  days  thereafter  take 
the  oath  of  office  prescribed  for  directors,  and  file  the 
same,  together  with  his  certificate  of  election,  with  the 
county  clerk  of  his  county,  and  enter  at  once  upon  the 
duties  of  his  office(m).     Act  January  30,  1889. 

Sec.  7037.  An  old  director  shall,  upon  application 
of  an  incoming  director,  administer  to  him  the  oath  of 
office.     Act  March  11,  1881,  sec.  5. 

Sec.  7038.  Any  person  who  shall  have  been 
elected  or  appointed  a  director,  and  shall  neglect  or  re- 
fuse to  qualify  and  serve  as  such,  shall  forfeit  to  his  dis- 
trict the  sum  of  ten  dollars,  which  may  be  recovered  by 

(L)  The  county  court  has  no  power  to  levy  a  school  lax  inde- 
pendent of  action  on  the  part  of  the  electors  of  each  school  district 
for  which  the  tax  is  levied;  it  can  only  cause  to  be  placed  on  the  tax 
books  and  collected  such  rates  as  are  reported  from  the  districts. 
An  excessive  levy  vitiates  the  whole  tax.  Worthen  v.  Badgett, 
32-496.     See  Ry.v.  Parks,  lb.,  131;  Rogers  v.  Kerr,  42-100. 

(m.)  For  decision  under  this  section  before  amended  to  read  as 
now,  see  School  District  v.  Bennett,  52-511.  It  is  not  sufficient  to 
take  the  oath  orally.     School  District  v.  Bennett,  52-428 . 


48  SCHOOL    LAWS. 

action  against  him  at  the  instance  of  any  elector  in  the 
district,  and  which,  when  collected,  shall  be  paid  into 
the  county  treasury  by  the  officer  before  whom  the  ac- 
tion was  maintained,  and  added,  by  the  treasurer,  to 
the  school  fund  revenues  appropriated  to  the  district. 

Sec.  7039.  Any  director  who  shall  neglect  or  fail 
to  perform  any  duties  of  his  office  shall  forfeit  to  his 
district  the  sum  of  twenty-five  dollars,  to  be  recovered 
as  directed  in  the  preceding  section,  and  to  add  in  like 
manner  to  the  school  fund  revenues  apportioned  to  his 
district. 

This  section  g-ives  a  penalty  for  a  violation  of  any  duty  enjoined 
upon  the  directors,  and  may  be  recovered  at  the  instance  of  any 
elector. 

Sec.  7040.  If  the  office  of  any  director  in  a  dis- 
trict becomes  vacant,  the  electors  of  said  district  shall, 
in  a  district  meeting  assembled,  within  fifteen  days 
after  the  occurrence  of  such  vacancy,  elect  a  director  to 
serve  the  remainder  of  the  unexpired  term ;  but  if  the 
district  in  whicli  such  vacancy  occurs  neglects  or  fail  to 
elect  a  director  to  fill  such  vacancy,  then  the  county 
court  shall  appoint  from  the  electors  of  said  district  a 
director  to  serve  the  remainder  of  the  term. 

From  section  7036  it  is  plain  that  the  last  day  upon  which  the 
newly  elected  director  may  take  the  oath  of  oflftce  may  be  fifteen 
days  from  the  third  Saturday  in  May.  In  case  no  director  is  elected 
the  vacancy  named  in  this  section,  would  begin  on  the  fifteenth  day 
after  the  third  Saturday  in  May,  and  the  electors  will  have  the  right 
within  fifteen  days,  or  within  thirty  days  after  the  annual  meeting 
to  elect  a  director  for  a  vacancy  caused  by  a  failure  to  elect  at  the 
proper  time.  For  a  vacancy  caused  by  death,  resignation  or  other- 
wise, the  electors  have  fifteen  days  from  the  date  of  such  death,  re- 
signation or  other  occurrence  whi  'h  caused  the  vacancy  to  fill  the 
same. 

Sec.  7041.  The  said  board  shall  make  provisions 
for  establishing  separate  schools  for  white  and  colored 
children  and  youths(w),  and  shall  adopt  such  other 
measures  as  they  may  judge  expedient  for  carrying  the 
free  school  system  into  effectual  and  uniform  operation 
throughout  the  state,  and  providing,  as  nearly  as  pos- 
sible, for  the  education  of  every  youth(oj. 

(n.)  It  is  the  duty  of  directors  to  provide  equal  school  facilities 
for  blacks  and  whites.  Maddox  v.  Neal^  45-121.  The  board  of  di- 
rectors cannot  claim  to  apportion  the  school  funds  and  limit  the 
school  terms  to  each  class  according  to  its  scholastic  population.  Ih 

(o.)  In  the  discharge  of  their  duties,  in  this  section  prescribed, 
the  board  has  discretion,  but  when  it  fails  to  perform  its  duties 
mandamus  will  lie  to  compel  it  to  do  so.    Maddox  v.  Neal,  43-121. 


SCHOOL    LAWS.  49 

The  duty  of  establishing  separate  schools  for  both  races  is  man- 
datory. If  there  are  eleven  or  more  black  children,  or  eleven  or 
more  white  children,  they  must  have  a  school.  Ten  black  children 
or  a  less  number,  or  ten  white  children  or  less  should  be  transferred 
to  an  adjoining  district  under  the  provisions  of  the  act  approved 
April  3,  1891.     See  sec.  7062. 

In  the  case  of  Maddox  et  al.  v.  Neal  et  al..  Ark.  Rep.,  121,  the 
supreme  court  of  this  state,  says:  *'A  wide  range  of  discretion  is 
vested  in  these  boards  by  the  statute  in  the  matter  of  the  govern- 
ment and  details  of  conducting  of  the  common  schools,  but  in  the 
nature  of  things,  there  is  a  limit  to  this  discretion.  Some  positive 
and  imperative  duties  are  imposed  upon  them  about  which  they  have 
no  discretion.  The  first  and  most  important  duty  of  the  board  is  to 
make  provisions  for  establishing  schools.  When  the  funds  are  pro- 
vided, and  the  directors  are  not  otherwise  instructed  by  the  school 
meeting  of  the  district,  the  duty  to  provide  a  school  for  at  least 
three  months  is  mandatory,  and  the  duty  to  establish  separate 
schools  for  the  whites  and  blacks  is  also  incumbent  on  them.  All 
the  provisions  of  the  law  in  relation  to  schools,  in  conformity  to  the 
constitutional  mandate,  are  general,  and  the  system,  as  far  as  the 
statute  can  make  it,  is  uniform.  No  duty  is  imposed  upon  or  dis- 
cretion given  to  the  directors  about  schools  for  one  race  that  is  not 
applicable  to  the  other.  It  is  the  clear  intention  of  the  constitution 
and  statutes  alike  to  place  the  means  of  education  within  the  reach 
of  every  youth.  Education  at  the  public  expense  has  become  a  legal 
right  extended  by  the  laws  to  all  the  people  alike.  No  discrimination 
on  account  of  nationality,  caste  or  other  distinctibn  has  been  at- 
tempted by  the  law-making  powers.  The  boards  of  directors  are 
onlj^  the  agents,  the  trustees  appointed  to  carry  out  the  system  pro- 
vided for.  Their  powers  are  no  greater  than  the  authority  con- 
ferred by  legislation.  They  can  do  nothing  they  are  not  expressly 
authorized  to  do,  or  which  does  not  grow  out  of  their  expressed 
powers.  *  *  *  The  opportunity  of  instruction  in  public  schools, 
given  by  the  statute  to  all  of  the  youths  of  the  state,  is  in  obedience, 
as  we  have  seen,  to  special  command  of  the  constitution,  and  it  is 
obvious  that  a  board  of  directors  can  have  no  discretionary  power 
to  single  out  part  of  the  children  by  the  arbitrary  standard  of  color, 
and  deprive  them  of  the  benefits  of  the  school  privilege.  To  hold 
otherwise  would  be  to  set  the  discretion  of  the  directors  above  all 
law." 

Sec.  7042.  The  directors  shall  have  charge  of  the 
school  affairs  and  of  the  school  educational  interests  of 
their  district,  and  shall  have  the  care  and  custody  of 
the  school  houses  and  grounds,  the  books,  records, 
papers  and  other  property  belonging  to  the  district,  and 
shall  carefully  preserve  the  same,  preventing  waste  and 
damage;  and  shall  purchase  or  lease,  in  the  corporate 
name  of  the  district,  such  school  house  site  as  may  be 
designated  by  a  majority  of  the  legal  voters  at  the  dis- 
trict meeting;  shall  hire,  purchase  or  build  a  school 
house  with  funds  provided  by  the  district  for  that  pur- 
pose; and  may  sell  or  exchange  such   site   or  school 


50  '  SCHOOL    LAWS. 

house,  when  so  directed  by  a  majority  of  the  electors  of 
any  legal  meeting  of  the  district(p). 

In  general,  school  property  is  to  be  used  for  the  purposes  of 
education.  It  appears  that  the  legislature  has  not  inhibited  the  di- 
rectors from  permitting  the  school  house  to  be  used  temporarily 
and  occasionally  for  other  purposes.  In  Indiana  it  has  been  held 
that  a  school  house  may  be  used  for  township  purposes. 
Trustees  v.  Osborne,  9  Ind.,  458. 

The  school  house  may  be  used  for  all  lawful  school  district 
meetings  of  the  electors  or  directors. 

In  Iowa  it  has  been  held  that  the  electors  may  direct  the  use  of 
school  houses  for  religious  purposes.    So  in  Ohio  and  Vermont. 
Chapin  v.  Hill,  24  Vt.,  528. 
Weir  V.  Day,  Supreme  Court  of  Ohio,  1879. 
Central,  Law  Journal,  Vol.  9,  398. 
Davis  V.  Boget,  50  la.,  194. 

It  has  been  held  that  the  words,  ''to  direct  the  sale  or  other  dis- 
position to  be  made  of  any  school  house,"  conferred  the  power  on 
the  electors  to  vote  upon  the  question  as  to  whether  the  school 
house  should  be  used  1  or  religious  purposes. 

Townshendv.  Heagan  et  al.,  35  Iowa,  194. 

Section  7042  by  implication  vests  the  power  of  directing  the 
sale  or  exchange  of  the  site  or  the  school  house  in  the  electors 
alone.  It  is  doubtful  whether  this  authority  may  be  so  expanded  as 
to  authorize  them  to  direct  the  temporary  occasional  use  of  the 
house.  This  authority  appears  to  be  vested  by  our  statutes  in  the 
discretion  of  the  directors  alone. 

In  Illinois  it  has  been  held  that  the  temporary  use  of  a  school 
house  is  not  forbidden  by  the  constitution  of  that  state.  Nor  is  it 
forbidden  by  the  constitution  of  Arkansas. 

In  Nichols  v.  School  Directors,  Superior  Court  of  Illinois,  Novem- 
ber 10,  1879,  it  was  held  that  an  incidental  use  of  a  school  house  for 
religious  purposes,  not  interfering  with  school  purposes,  is  not  in 
any  reasonable  sense  inconsistent  with  the  faithful  application  of 
the  property  to  school  purposes.  Religion  and  religious  worship 
are  not  so  placed  under  the  ban  of  the  constitution  that  they  may 
not  be  allowed  to  become  the  recipient  of  any  incidental  benefit 
from  the  authorities  of  the  state. 

In  Connecticut,  however,  it  was  held  that  a  single  tax  payer 
might  prevent  the  use  of  the  school  property  for  religious  purposes 
by  simply  objecting  thereto,  and  that  he  was  entitled  to  an  injunc- 
tion to  inf orce  his  right. 

Schofield  v.  Eighth  School  District,  27  Conn.,  499. 

The  legislature  of  Connecticut  afterwards  enacted  a  law  placing 
the  right  to  direct  the  use  of  school  property  in  a  two -thirds  vote 
of  the  electors. 

Section  7065  authorizes  the  directors  to  permit  the  use  of  the 
school  house  by  a  private  school  unless  otherwise  directed  by  a 
majority  of  the  legal  voters  of  the  district.  This  enlargement*  of 
the  power  of  the  electors,  as  set  out  in  section  7029  and  in  7042,  as 
to  directing  the  sale  or  exchange  of  the  site  or  school  house,  must 

(p.)  Two  members  of  the  boards  may  bind  the  district  at  a 
contract,  made  at  a  meeting  at  which  the  third  was  present  or  had 
notice;  but  no  contract  can  be  made  except  at  a  meeting  of  whick 
all  had  notice. 

School  District  v.  Bennett,  52-511. 

See  Widnerv.  State,  49-172. 


SCHOOL    LAWS.  51 

be  considered  in  construing  these  sections;  and  the  exercise  of  the 
enlarged  power  must  be  controlled  by  the  provisions  of  section 
7029,  that  is,  the  electors  may  act  upon  these  questions  at  the  an- 
nual meeting  or  an  adjournment  thereof. 

It  is  evident  that  the  respective  powers  and  rights  of  directors 
and  electors  are  not  clear.  The  general  principle  is  that  the  whole 
matter  is  left  to  the  sound  discretion  of  the  directors,  subject  to  a 
controlling  direction  on  the  part  of  the  electors  as  to  a  private 
school. 

Sec.  7043.  They  shall  hire  for  and  in  the  name 
of  the  district,  such  teachers  as  have  been  licensed  ac- 
cording to  law,  and  shall  make  with  such  teachers  a 
written  contract,  specifying  the  time  for  which  the 
teacher  is  to  be  employed,  the  wages  to  be  paid  per 
month  and  any  other  agreement  entered  into  by  the 
contracting  parties,  and  shall  furnish  the  teachers  with 
a  duplicate  of  such  contract,  and  keep  the  original;  and 
they  shall  employ  no  person  to  teach  in  any  common 
school  of  their  district  unless  such  person  shall  hold,  at 
the  time  of  commencing  his  school,  a  certificate  and  li- 
cense to  teach,  granted  by  the  county  examiner  or  state 
superintendent. 

The  right  to  select  a  teacher,  fix  his  salary,  and  the  time  for  the 
opening  of  the  school  are  matters  which  belong  exclusively  to  the 
directors.  The  electors  have  no  right  to  direct  upon  any  question 
connected  with  the  teaching  of  the  school,  save  the  single  one  of 
extending  the  term  of  the  school. 

A  contract  duly  executed  between  the  proper  officers  of  a 
school  district  and  another  person,  by  the  terms  of  which  said  per- 
son is  employed  as  a  teacher  in  a  public  school  in  said  district,  is 
void  where  such  person,  at  the  time  of  making  the  contract,  holds 
no  certificate  of  authority  to  teach  in  the  county  where  the  district 
is  located.  The  subsequent  procurement  of  such  certificate  will  not 
enable  such  person  to  recover  against  the  district  damages  for  the 
breach  of  such  contract. 

Hosmer  vs.  School  District,  N.  D.,  July  23,  1893. 

Directors  cannot  make  a  legal  contract  with  a  teacher  who  has 
no  license.  This  negatives  the  right  to  contract  with  a  principal 
teacher  who  is  licensed  for  an  amount  of  money  to  be  paid  him, 
out  of  which  he  is  to  pay  the  salaries  of  unlicensed  assistants 

Every  teacher,  whether  as  principal  or  assistant,  must  be 
elected  by  the  board  of  directors;  every  such  person  must  have  a 
license  from  the  county  examiner  or  state  superintendent,  and 
every  such  person  must  have  a  written  contract.  County  treasur- 
ers are  warranted  to  demand  the  contract  of  every  teacher  or 
assistant  who  presents  a  warrant  for  the  payment  of  wages  from 
the  public  school  funds.  If  the  warrant  shows  that  its  holder  is 
principal,  and  that  the  amount  specified  on  its  face  is  for  the  pay- 
ment of  the  wages  of  assistants,  or  if  it  is  proven  to  the  treasurer 
that  such  is  thecase,  he  should  refuse  to  pay  the  same  as  a  viola- 
tion of  sections  7051  and  of  7043.  The  treasurer  may  also  refuse  to 
pay  the  warrant  of  any  teacher  who  has  not  been  licensed.  See 
section  7052.  The  words,  "properly  drawn"  iu  this  section  refer 
back  to  the  inhibitions  of  section  7043,  and  forward  to  the  positive 


52  SCHOOL    LAWS. 

inhibition  of  section  7071,  and  the  treasurer  should  exercise  the 
greatest  caution  in  the  matter  of  paying  these  doubtful  warrants. 

The  acts  of  school  directors  are  corporate  acts.  To  bind  the 
district  it  is  necessary  for  them  to  act  at  a  regular  meeting,  or  a 
called  meeting,  of  which,  notice  was  given  to  each  director.  At 
such  meetings  the  act  of  a  majority  of  the  board  is  the  act  of  the 
whole  board. 

CONTRACTS. 

A  board  of  school  directors  empowered  by  statute  without  any 
limitation  to  employ  a  superintendent  of  schools  may  make  a  con- 
tract for  a  superintendent  for  a  term  beginning  after  some  mem- 
bers of  the  board  go  out  of  office. 

Gates  V.  School  District  of  Fort  Smith,  53  Ark.,  468. 
Davis  V.  School  District,  81  Mich.,  214. 

This  decision  applies  to  all  teachers  employed  in  the  schools  as 
well  as  to  the  superintendent. 

The  following  opinion  of  the  attorney  general  contains  the  law 
upon  this  point: 

The  office  of  school  director  is  a  very  important  one — more  im- 
portant than  is  generally  considered  by  the  people.  The  best  men 
in  the  district  should  be  selected  for  this  responsible  position.  The 
progress  and  development  of  our  various  resources  depends,  in  a 
great  measure,  upon  the  efficiency  of  school  directors.  Although 
the  lowest  of  elective  officers,  yet  it  is  equal  to  the  highest  in  its 
influence  in  advacing  the  prosperity  of  the  state. 

School  directors  have  charge  of  the  educational  interests  of 
their  respective  districts;  have  the  care  and  custody  of  school 
houses,  grounds,  books,  records,  papers,  etc.;  they  shall  pur- 
chase or  lease  school-house  site  designated  by  the  legal  voters; 
they  shall  hire,  purchase  or  build  a  school  house  with  funds  pro- 
vided for  that  purpose;  they  shall  hire  and  contract  with  teachers; 
they  shall  adopt  a  series  of  text  books  to  be  used  in  the  district 
school;  they  shall  furnish  teachers  with  a  register;  they  shall  visit 
the  schools  and  submit  to  the  district  an  estimate  of  the  expenses 
of  said  district;  draw  warrants  on  the  treasurer;  make  the  enu- 
meration and  enrollment  report  between  the  1st  and  10th  of  Sep- 
tember, and  make  settlements  with  the  county  treasurer,  etc. 

For  the  purpose  of  carrying  out  the  above  mentioned  duties 
with  wisdom  and  discretion,  each  district  has  three  school  direc- 
tors. These  directors  constitute  an  educational  board,  and  should 
meet  and  transact  all  business  of  the  district  as  a  board.  The  first 
business  of  a  school  board,  composed  of  continuing  and  newly 
elected  members,  is  to  organize  by  electing  a  president  and  secre- 
tary. Directors  are  possessed  of  specially  defined  powers,  and 
should  exercise  no  others,  and  cannot  do  so  legally.  In  the  tran- 
saction of  all  business  pertaining  to  the  district,  all  members  of  the 
board  must  meet  together,  or  have  notice  to  meet.  The  action  of 
majority  of  the  school  board  will  not  bind  the  district  when  one  of 
the  directors  had  no  notice  of  the  meeting  and  did  not  participate 
in  it.  {4  Nebr.,  254.)  The  district  has  a  right  to  the  wisdom,  ex- 
perience and  judgment  of  each  director,  and  a  majority  of  the  di- 
rectors ca  mot  legally  bind  the  district  unless  each  member  of  the 
board  has  had  due  and  timely  notice  of  said  meeting.  A  contract 
by  two  of  the  members  of  the  board,  when  all  have  had  notice,  is 
legal  and  binding  on  the  "district.  When  a  board  is  by  statute  made 
a  body  corporate,  individual  members  acting  separately,  although 
a  majority,  cannot  contract  a  debt  or  draw  a  warrant  for  its  pay- 
ment. 

22  Ohio,  144;  27  Kan.,  129. 


SCHOOL    LAWS. 

This  additional  opinion  contains  another  principle. 

Sir — In  answer  to  your  inquiries  I  have  the  honor  to  say  that, 
in  my  opinion,  section  7043  applies  as  well  to  special,  or  single 
school  district,  as  to  ordinary  common  school  districts. 

I  am  of  the  opinion  that  it  applies  to  the  superintendent  of 
schools  in  such  special  districts,  provided  he  is  to  act  as  a  teacher, 
otherwise  not. 

I  am  also  of  the  opinion  that  said  section  is  mandatory  upon 
the  directors,  but  I  do  not  believe,  or  mean  to  be  misunderstood  as 
saying,  that  a  verbal  contract  made  with  a  qualified  teacher  would 
be  void  because  not  in  writing. 

The  contracts  made  by  a  board  of  directors  are  disqualified  to 
hold  office.    They  are  de  facto  officers. 

Sec.  7044.  The  term  "month, ^^  wherever  it  oc- 
curs in  any  section  of  this  act,  shall  be  construced  to 
mean  twenty  days,  or  four  weeks  of  five  days  each. 
Act  December  7,  1875,  sees.  58-62. 

Sec.  7045.  The  directors  of  school  districts,  other 
than  special  school  districts,  may  expend  annually,  out 
of  the  common  school  fund,  not  more  than  twenty-five 
dollars  during  any  one  year  for  any  school  under  their 
control  for  maps,  charts,  globes,  dictionaries  and  other 
apparatus  necessary  to  the  progress  of  the  school;  Fro- 
vided,  said  maps,  charts,  globes,  dictionaries  and  other 
apparatus  meets  the  approval  of  the  state  superintend- 
ent, in  price  and  merit.     Act  Fehruary  16,  1893. 

Sec.  7046.  The  directors  of  each  school  district  in 
this  state  shall  adopt  and  caused  to  be  used  in  the  pub- 
lic schools,  in  their  respective  districts,  one  series  of 
text  books  in  each  branch  or  science  taught  in  the  pub- 
lic schools  of  their  respective  districts,  and  no  change 
in  these  books  shall  be  made  for  a  period  of  three  years, 
unless  it  be  by  a  petition  of  a  majority  of  the  voters  of 
the  district  desiring  the  change.  Act  March  11,  1881, 
sec.  2. 

See  section  6975  and  comments  and  opinions  therein  set  out. 
The  penalty  for  failure  to  perform  the  duties  imposed  by  this 
act  is  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars.     See 
^ec.  7070. 

Sec.  7047.  They  shall  procure  from  the  county 
examiner,  and  furnish  the  teacher  at  the  commence- 
ment of  the  term,  a  register  for  his  school,  and  require 
the  said  teacher  to  report,  in  said  register,  at  the  close 
of  the  school  term,  the  number  of  days  of  the  said 
term,  the  name  and  age  of  each  pupil,  the  date  on 
which  each  entered  the  school,  the  separate  days  on 
which  each  attended,  the  whole  number  of  days  each 
attended,  the  studies  each  pursued,  the  total  number  of 


54  SCHOOL    LAWS. 

days  all  pupils  attended,  the  average  daily  attendance 
and  the  number  of  visits  received  from  the  directors 
during  the  said  term.     Act  December  7,  1875,  sec.  63. 

The  keeping  of  thio  register  according  to  all  its  requirements, 
perfected  and  complete,  is  compulsory  upon  the  teacher,  and  he 
cannot  draw  his  last  month's  wages  until  this  duty  is  performed. 
See  sec.  7076. 

Sec.  7048.  They  shall  visit  the  schools  at  least 
once  each  term,  and  encourage  the  pupils  in  their  stud- 
ies, and  give  such  advice  to  the  teacher  as  may  be  for 
the  benefit  of  teacher  and  pupils. 

Sec.  7049.  They  shall  submit  to  the  district,  at 
the  annual  meeting,  an  esimate  of  the  expenses  of  the 
district  for  that  year,  including  the  expenses  of  a 
school  for  the  term  of  three  months  for  the  next  year, 
after  deducting  the  probable  amount  of  school  moneys 
to  be  apportioned  to  the  district  for  that  school  year, 
and  shall  also  submit  an  estimate  of  the  expenses  per 
month  of  continuing  the  school  beyond  the  term  of 
three  months,  and  of  whatever  else  may  be  necessary 
for  the  comfort  and  advancement  of  the  said  school. 

The  blank  prescribed  to  meet  the  requirements  of  this  section 
will  be  found  on  page  131. 

It  will  be  seen  that  there  are  several  items  of  expense.  Should 
the  directors  fill  each  blank,  thus  recommending  a  tax  for  each 
item  of  expense,  and  should  the  electors  vote  the  rate  of  tax  sug- 
gested, or  any  other  rate,  without  expressly  negativing  an  item 
recommended,  then  the  tax  voted  must  be  held  to  be  voted  in  strict 
compliance  with  the  estimate ;  and  the  estimate  should  be  returned 
with  the  poll  books  to  the  county  clerk  so  that  the  county  judge  in 
making  his  levy  may  levy  to  suit  the  vote  and  the  estimate  which 
is  the  basis  of  the  vote.  The  tax  levied  and  the  items  of  the  esti- 
mate should  be  certified  by  the  clerk  to  the  treasurer.  The  treas- 
urer should  distribute  the  tax  when  collected  to  the  various  pur- 
poses named  in  the  estimate,  opening  an  account  with  each  special 
item,  the  only  index  to  the  purpose  for  which  the  tax  was  levied. 
Should  the  tax  collected  be  more  or  less  than  the  amount  of  the  es- 
timate, then  each  item  of  the  estimate  must  be  increased  or  de- 
creased in  proportion.  It  must  never  be  forgotten  that  the  esti- 
mate submitted  by  the  directors  is  a  necessary  part  of  the  election, 
and  is  the  only  source  from  which  the  intention  of  the  electors  as 
to  the  purpose  of  tax  is  to  be  gathered,  except  the  ballots.  If  the 
ballots  declare  "  for  five  mills,"  with  no  accompanying  words,  then 
the  court  in  levying  the  tax  is  relegated  to  the  estimate  for  the  pur- 
pose of  the  tax;  and  if  the  estimate  distributes  the  expense  by 
items,  then  the  necessary  and  only  inference  is  that  the  tax  was 
voted  for  the  express  purpose  of  meeting  the  estimate.  If  the  bal- 
lots declare  "  for  tax  "  and  the  estimate  is  not  itemized,  but  massed 
under  the  general  words  ''for  common  school  purposes"  or  "for 
general  purposes"  or  any  other  language  which  intimates  gener- 
ality of  purpose,  or  should  the  "ballots  themselves  declare  this  gen- 
erality, then  the  necessary  and  only  legal  inference  is  that  the  tax 
was  to  be  levied  for  general  purposes,  and  should  be  so  levied  by 


SCHOOL    LAWS.  55 

the  court.  And  in  every  case  where  the  vote  is  so  generalized  the 
directors  are  empowered  to  distribute  the  tax  so  levied  and  col- 
lected for  any  and  every  necessary  school  purpose  except  building 
a  house.  No  house  can  be  built  under  the  general  authority  "  for 
general  purposes,"  although  any  other  necessary  expense  may  be 
met  that  way.  The  treasurer  is  always  authorized  to  pay  the  war- 
rants of  a  board  of  directors  for  any  purpose  save  building  where 
the  levy  of  the  court  or  the  vote  of  the  electors  was  "  for  general 
purposes  "  or  other  general  language. 

But  if  the  estimate  submitted  to  the  electors  is  limited  by  the 
words  "for  teachers'  salaries,"  and  the  ballots  are  simply  "for 
tax,"  then  the  levy  is  special,  and  the  tax  when  collected  must  be 
distributed  "for  teachers'  salaries  alone."  It  is  better  for  every  in- 
terest of  the  district  that  the  ballots  declare  "  for  general  school 
purposes."  This  will  vest  a  discretion  in  the  directors,  and  will  en- 
able them  to  meet  the  demands  of  the  school  at  any  time.  These 
comments  have  force  only  as  they  concern  the  "  local  tax."  The 
funds  received  from  the  state  apportionment  and  from  the  per 
capita  tax  are  not  under  the  control  of  the  electors,  save  that  where 
they  are  not  suflacient  to  maintain  a  three  months'  school  the 
'  electors  may  direct  them  to  remain  in  the  treasury. 

Such  funds,  with  the  exception  named  are  under  the  control  of 
the  directors  alone,  and  must  be  used  to  maintain  free  schools.  In 
doing  this  the  directors  may  use  them  for  paying  the  salaries  of 
teachers  and  all  necessary  expenses  incident  thereto.  It  is  difllculk 
to  draw  the  line  between  necessary  and  unnecessary  expenses,  and 
where  there  are  grave  doubts  as  to  this  the  directors  should  not 
incur  the  expense.  Several  supreme  courts  have  decided  that 
*'  maps,  globes,  charts  and  other  illustrative  appliances,"  are  not 
necessary,  and  directors  are  relieved  from  deciding  this  question. 
The  legislature  wisely  permits  them  to  buy  these  things  from  an 
approved  list  to  the  amount  of  twenty- five  dollars  each  year. 

But  "repair  of  house"  when  imperative  and  which  cannot  be 
delayed  to  the  annual  meeting  of  the  electors,  fuel,  stoves,  black- 
boards, buckets,  dippers,  crayons  and  erasers,  are  necessary  inci- 
dents to  the  life  of  a"^  school  and  are  proper  charges  upon  the  state 
and  per  capita  apportionment.  Seats  are  necessary,  of  course,  but 
as  they  are  a  part  of  the  building  itself  they  must  be  furnished  by  a 
like  process;  a  special  tax  must  be  levied.  The  words  "for  building 
purposes"  will  authorize  the  directors  not  only  to  build  but  to  fur- 
nish with  seats.  The  only  trouble  that  can  arise  is  where  there  is 
an  entire  absence  of  seats  and  a  positive  refusal  on  the  part  of  the 
electors  to  pT*ovide  a  tax  for  their  purchase.  In  that  case  no 
school  can  be  supported.  The  law  expressly  empowers  the  direct- 
ors "to  hire,  purchase  or  build  a  school  house,  with  funds  provided 
by  the  district  for  that  purpose,"  and  no  other  funds  can  be  used. 
It  follows  then  that  the  local  tax  is  absolutely  necessary  before  a 
house  may  be  rented,  built,  purchased  or  furnished.  The  words 
"for  general  purposes"  in  the  voting  of  a  local  tax  will  authorize 
the  use  of  the  tax  for  hiring  or  furnishing;  but  to  purchase  or  build 
there  must  be  a  vote  for  this  specific  purpose. 

Sec.  7050.  They  shall,  in  all  suits  and  actions  at 
law  brought  by  or  against  their  district,  appear  for  and 
in  behalf  of  said  district.  Provided,  They  shall  hay^e 
no  other  directions  or  instructions  by  a  lawful  meeting 
of  the  electors  of  their  district. 


56  SCHOOL    LAWS. 

Sec.  7051.  They  shall  draw  orders  on  the  treas- 
urer of  the  county  for  the  payment  of  wa^es  due  teach- 
ers, or  for  any  lawful  purpose,  and  they  shall  state  in 
every  such  order  the  services  or  consideration  for 
which  the  order  is  drawn,  and  the  name  of  the  person 
rendering  such  service;  but  they  shall  not  draw  any 
order  on  the  county  treasurer  for  the  payment  of  the 
wages  Qf  any  teacher  not  licensed  (q). 

Sec.  7052.  When  the  warrant  of  any  board  of  di- 
rectors, properly  drawn,  is  presented  to  the  treasurer 
of  the  proper  county,  he  shall  pay  the  same  out  of  any 
funds  in  his  hands  for  that  purpose  belonging  to  the 
district  specified  in  said  warrant  (r).     See  sec.  7048. 

Sec.  7053.  The  directors  shall  give  notice  of  each 
annual  meeting,  by  posting  notices  thereof,  at  least* 
fifteen  days  previous  to  such  meeting,  in  three  or  more 
conspicuous  places  within  the  district  (s) ;  but  it  shall 
not  be  lawful  for  a  district,  at  any  annual  meeting,  to 
fix  a  site  for  a  school-house,  or  to  raise  money  for 
building  or  purchasing  a  school-house,  unless  the  direc- 
tors shall  have  particularly  set  forth  in  the  previous 
notice  given  of  such  meeting  that  these  matters  were  to 
be  submitted  for  their  consideration  and  action  {t). 

Sec.  7054.  One  of  the  directors  shall  act  as  clerk 
at  all  district  meetings,  shall  keep  a  record  of  the  pro- 
ceedings thereof  in  a  book  provided  for  that  purpose, 
or,  if  absent,  shall  transcribe  into  said  book  the  min- 
utes kept  by  the  clerk  pro  tempore^  and  signed  by  the 
chairman,  as  so  much  of  the  authenticated  records  of 
the  district;  and  he  shall  enter  on  the  said  book  copies 

(g.)  School  warrants  may  be  issued  by  two  directors.  Crain 
V.  State,  45-450. 

(r.)  Statutes  of  limitation  run  against  school  warrants.  School 
District  v.  Cromer,  52-454;  School  District  v.  Reeve,  56-68. 

Effect  of  warrants  drawn  in  lieu  of  destroyed  or  lost  warrants, 
see  School  District  v.  Cromer,  52-454. 

(s.)  It  is  the  duty  of  the  directors  to  designate  the  place  of  the 
annual  meeting,  and  notice  of  the  time  and  place  is  essential  to  the 
validity  of  a  tax  voted  at  such  meeting.  But  the  statute  designates 
the  time,  and  all  are  bound  to  take  notice  of  it.  If  notice  of  the 
place  be  given,  the  meeting  will  be  legal,  though  the  time  be  not 
specified  in  the  notice.  Hodgkin  v.  Fry,  33-716.  A  notice  given  by 
two  of  the  directors  is  suflScient.  Holland  v.  Davies,  36-446;  Davies 
V.  Holland,  43-425. 

(i.)     See  Fluty  v.  School  District,  49-94. 


SCHOOL    LAWS.  57 

of  all  his  reports  to  tiae  county  clerk  and  the  county- 
examiner. 

Sec.  7055.  He  shall  keep,  in  a  book  provided  for 
that  purpose,  the  accounts  of  the  district,  by  debits 
and  credits,  including  the  accounts  with  the  county 
treasurer,  and  shall  j)resent  the  same  to  each  annual 
meeting,  showing  the  current  expenses  for  the  year,  for 
school-houses,  out-buildings,  fences  with  which  to  in- 
close a  school-house  site,  for  stoves,  wood,  maps,  charts, 
blackboards,  a  dictionary,  and  other  necessaries  for  a 
school,  and  stating  the  number  of  days  the  directors 
have  been  necessarily  employed  in  the  performance  of 
their  duties  as  directors;  the  date  of  each  order  drawn 
by  them  on  the  county  treasurer,  and  for  what  services 
or  consideration  for  what  amounts  and  in  whose  favor, 
exhibiting  vouchers  therefor;  a  statement  of  the  in- 
debtedness of  the  district,  and  also  of  the  surplus 
moneys,  if  any,  in  the  county  treasury  belonging  to 
the  district  at  the  commencement  of  the  year;  the 
amount  of  taxes  levied  on  the  district  for  school  pur- 
poses within  the  year;  the  different  purposes  for  which 
said  taxes  were  levied,  and  the  amount  levied  for  each 
purpose.  If,  on  examination,  the  report  be  found  cor- 
rect, the  chairman  of  the  meeting  shall  approve  the 
same,  and  order  that  it  be  filed  with  the  records  of  the 
district. 

Sec.  7056.  The  directors  shall,  within  ten  days 
after  any  school  meeting,  report  to  the  clerk  of  the 
county  so  much  of  the  proceedings  of  said  meeting  as 
pertains  to  the  election  of  officers;  and  they  shall,  on 
or  before  the  first  day  of  October  in  each  year,  furnish 
to  the  clerk  so  much  of  the  copy  of  their  record,  at- 
tested by  the  chairman  of  the  meeting,  as  shows  the 
amount  of  money  voted  to  be  raised  by  the  district,  for 
school  purposes,  at  the  annual  meeting. 

Sec.  7057.  They  shall,  annually,  between  the  first 
and  tenth  days  of  September,  transmit,  verified  by 
their  affidavit,  to  the  county  examiner,  a  written  re- 
port, in  proper  form,  of  the  name  of  their  county;  of 
the  number  of  their  district ;  the  names  and  ages  of  all 
persons,  between  the  ages  of  six  and  twenty-one  years, 
residing  in  their  district  on  the  first  day  of  September; 
the  number  of  males  and  females  respectively,  of  each 


58  SCHOOL    LAWS. 

color,  that  attended  the  common  schools  during  the 
last  school  year;  the  avex;age  number  of  each  sex  that 
attended  daily;  the  number  that  pursued  each  of  the 
studies  designated  to  be  taught  in  the  common  schools 
of  this  state ;  the  number  of  times  the  school  was  vis- 
ited each  term  by  the  directors;  the  number  of  days 
the  school  was  taught  during  the  year  by  a  licensed 
teacher;  the  name  of  each  teacher;  the  grade  of  his 
certificate;  the  wages  paid  each  teacher  per  month,  and 
the  whole  amount  of  wages  paid  teachers  during  the 
year.  They  shall  include  in  their  report  the  amount  of 
taxes  voted  by  the  district  during  the  last  school  year, 
for  what  purpose  voted,  and  the  amount  voted  for  each 
purpose ;  the  amount  drawn  from  the  county  treasurer 
for  each  purpose  for  which  money  was  raised  by  dis- 
trict tax  the  previous  year ;  the  amount  of  revenues  re- 
ceived from  the  common  school  fund,  and  the  amount 
received  from  each  of  the  various  other  sources  from 
which  school  revenues  are  derived ;  the  amount  of  each 
kind  of  revenue  remaining  in  the  county  treasury  and 
subject  to  the  order  of  the  district;  the  number  of 
school  houses  erected  during  the  year,  and  the  cost  and 
material  of  each;  the  number,  the  material,  the  con- 
dition and  the  value  of  those  before  erected,  and  the 
value  of  all  other  property  belonging  to  the  district; 
the  condition  of  the  school  house  grounds,  and  whether 
the  said  grounds  are  enclosed;  also,  name,  age  and 
postoffice  of  deaf,  dumb,  blind  and  insane  in  each  dis- 
trict, including  all  who  are  blind  or  deaf,  or  to  such  an 
extent  as  not  to  be  educated  in  common  schools;  and 
they  shall  record  the  said  report  in  the  proper  place  in 
the  district  book  in  which  the  current  record  of  the 
proceedings  of  the  district  is  kept. 

Sec.  7058.  If  the  directors  of  any  district  fail  or 
neglect  to  make  a  report  of  the  enumeration,  statistics 
and  finances  of  their  district  at  the  time  and  in  the 
manner  prescribed  in  the  preceding  section,  the  said 
directors,  in  addition  to  their  forfeiture  for  neglect  of 
duty,  shall  severally  be  liable  for  any  damages,  includ- 
ing the  costs  of  the  suit,  that  the  district  may  sustain 
by  reason  of  losing  the  school  revenues  that  would 
otherwise  have  been  apportioned  to  them. 


SCHOOL    LAWS.  59 

Sec.  7059.  They  shall,  at  the  close  of  the  schoo 
year,  settle  with  the  county  treasurer,  and  ascertain 
what  moneys,  if  any,  to  which  their  district  may  be  en- 
titled, and  the  amounts,  severally,  thereof  that  are  in 
the  county  treasury  and  subject  to  be  drawn  by  their 
district.     Ih.  sees.  64-75. 

Sec.  7060.  The  directors  of  any  school  district 
may,  at  the  instance  of  the  teacher,  suspend  from  the 
school  any  pupil  for  gross  immorality,  refractory  con- 
duct or  insubordination,  or  for  infectious  disease. 
Provided,  Such  suspension  shall  not  extend  beyond 
the  current  term. 

Directors  should  remember  that  the  right  to  attend  school 
grows  out  of  bona  fide  residence  and  not  from  an  enumeration  in  a 
district  or  the  payment  of  taxes.  When  a  man  moves  into  a  dis- 
trict with  the  intention  of  making  it  his  permanent  residence,  he 
acquires  the  right  to  send  to  the  public  schools  at  once.  The  di- 
rectors are  to  decide  from  all  the  circumstances,  whether  the  resi- 
dence is  permanent  or  temporary.  If  temporary  no  free  school 
privileges  obtain. 

It  will  be  seen  that  the  power  to  suspend  is  lodged  with  the 
directors.  The  teacher  has  no  authority  to  perform  this  act  of  dis- 
cipline upon  his  own  motion.  He  must  report  the  infraction  of 
discipline  to  the  board  of  directors,  who  are  alone  authorized  to 
act. 

DECISIONS. 

The  general  school  committee  of  a  town  has  power  to  exclude 
therefrom  a  child  of  immoral  or  licentious  character  though  such 
character  be  not  manifested  by  any  acts  in  the  school  room.  The 
learned  judge  reasoned  as  follows:  "It  seems  to  be  admitted,  if 
not,  it  could  hardly  be  questioned,  that  for  misconduct  in  school, 
for  disobedience  to  its  reasonable  regulations,  a  pupil  may  be  ex- 
cluded. Why  so?  There  is  no  express  provision  in  the  law  (as  it 
then  was)  authorizing  such  exclusion;  it  results  by  necessary  im- 
plication from  the  provision  of  law  requiring  good  discipline.  It 
proves  that  the  right  to  attend  school  is  not  absolute,  but  one  to  be 
enjoyed  by  all  on  reasonable  conditions." 

Trustees  v.  People,  87  Illinois,  303. 

Rulesonv.  Post,  79  III.,  567. 

Morrow  v.  Wood,  36  Wis.,  69. 

Sherman  v.  Charleston,  8  Gush.,  160. 

Peck  V.  Smith.  41  Conn.,  442. 
It  is  undoubtedly  true  that  trustees  or  committees  have  the 
power,  and  it  is  their  duty  to  dismiss  or  exclude  a  pupil  from  their 
school  when,  in  their  judgment,  it  is  necessary  for  the  good  order 
and  proper  government  of  the  school  so  to  do. 

Stephenson  v.  Hall,  14  Barb.,  222. 
They  may  do  so  to  prevent  a  pupil  from  bringing  contagion 
into  a  school. 

Spear  v.  Cummins,  23  Pick.,  225. 
The  school  authorities  have  a  right   to    exclude  from    their 
grounds  or  buildings  anyone  who  enters  therein  to  disturb  the 
peace  or  interfere  with  the  legitimate  exercises  of  the  school. 

Hughes  v.  Goodell,  3  Pittsb.,  L.  J.,  264. 


60  SCHOOL    LAWS. 

Whatsoever  has  a  direct  and  immediate  tendency  to  injure  the 
school  in  its  important  interests,  or  to  subvert  the  authority  of 
those  in  charge  of  it,  is  properly  a  subject  for  regulation  and  dis- 
cipline, and  this  is  so  wherever  the  acts  may  be  committed. 

Burdick  v.  Babcock,  31  Iowa,  562. 
There  is  a  limit  to  the  powers  of  the  school  directors,  and  that 
limit  is  the  needfulness  or  reasonableness  of  the  rule.  Thus,  where 
a  rule  forbade  the  attendance  of  pupils  upon  social  parties,  and 
where  a  pupil  was  expelled  for  a  violation  thereof,  it  was  held  that 
the  board  had  power  to  make  all  needful  rules  for  the  government 
of  pupils  while  at  school,  but  no  power  to  follow  them  home  and 
govern  their  conduct  while  under  the  parental  eye;  and  that  in 
prescribing  the  rule  it  had  gone  beyond  its  power. 

Dritt  V.  Snodgrass,  66  Mo.,  286. 
But  in  the  same  state  it  was  held  that  a  rule  forbidding  pupils 
from  fighting  and  using  profane  language  on  the  way  to  and  from 
school  was  good,  and  that  punishment  could  be  inflicted  for  a  vio- 
lation thereof. 

Deskins  v.  Gose,  85  Mo.,  585. 
Teachers  should  remember  that  the  rule-makers  are  the  direc- 
tors. 

State  V.  Barton,  45  Wis.,  150. 

Morrow  v.  Wood,  35  Wis.,  50. 
Wherever,  however,  it  is  absolutely  necessary  for  the  teacher 
to  act  in  order  to  preserve  the  school  from  anarchy,  or  to  maintain 
order  and  discipline,  he  is  justified  in  so  doing  without  waiting  for 
an  order  of  the  directors.  Wherever  the  exercise  of  this  right  is  not 
called  for  by  present  necessity,  it  should  be  deferred  for  action 
h^  the  board. 

State  ex  rel,  etc.  v.  Barton,  45  Wis.,  150. 
Neither  the  teacher  with  a  leg^l  certificate  and  lawfully  em- 
ployed, nor  the  board  of  school  directors,  are  liable  in  damages  for 
tort  by  reason  of  having  expelled  a  child  from  school,  so  long  as 
they  act  in  good  faith.  If  they  err  in  good  faith  in  the  discharge  of 
their  duties  they  are  not  liable. 

Donahue  v.  Richards,  38  Me.,  376. 

Sewell  V.  Board  of  Education,  29  Ohio  St.,  89. 

Spear  v.  Cummings,  23  Pich.,  22. 

Boyd  V.  Blaisdel,  15  Ind.,  73. 

Stephenson  v.  Hall,  14  Barb.,  222.     ^ 
But  where  the  child  is  entitled  to  go  to  school  and  the  expulsion 
is  wrongful,  see  contra. 

Roe  V.  Denting,  21  Ohio  St.,  666. 
To  make  either  liable  there  must  be  malice. 

Dritt  V.  Snodgrass,  66  Mo.,  286. 

Commonwealth  v.  Seed,  5  Pa.,  L.  J.  R.,  78. 
Nor  is  the  teacher  liable  on  an  implied  contract  to  teach.  There 
is  no  implied  contract  in  the  public  schools  between  teacher  and 
pupil.  The  only  contract  is  with  the  board  of  directors  to  whom 
he  is  accountable  for  his  acts,  unless  he  is  stirred  by  malicious  mo- 
tives and  renders  himself  amendable  to  law. 

Steckey  v.  Churchman,  2  Bradw.  {III.),  584. 
In  Michigan  it  has  been  held  that  before  expulsion  or  suspen- 
sion may  be  adjudged  against  pupils  who  in  any  way  deface  or  in- 
jure the  school  building,  out-houses,  furniture,  maps  or  anything 
else  belonging  to  the  school,  that  such  injury  or  defacement  must 
be  shown  to  be  wilful  and  malicious.  A  careless  act  will  not  sustain 
the  rule,  even  though  the  pupil  be  tofi  poor  to  make  satisfaction. 


SCHOOL    LAWS.  61 

Holman  v.  School  Trustees  of  Avon,  Supreme  Court  Re- 
ports j  1889. 
Directors,  in  the  absence  of  promulgated  rules,  may  suspend  or 
expel,  whenever  upon  due  examination  they  become  satisfied  that 
the  interests  of  the  school  demand  such  expulsion,  any  pupil  who 
transgresses  unwritten  but  well-defined  rules  of  conduct  prescribed 
by  common  sense  and  decency. 

State  V.  Hamilton,  42  Mo.  App.,  24. 
See  also, 

Holman  v.  Trustees,  77  Mich.,  605. 

AS  TO  RULES  GENERALLY. 

Sections  7041,  7042  and  7060  place  the  rule- making  power  with 
the  directors.  The  power  ordinarily  given  and  its  extent  has  been 
well  expressed  by  the  learned  judge  in  Rulison  v.  Post,  79  Rl.,  567. 
He  said: 

"In  the  performance  of  their  duty  in  carrying  the  law  into 
effect,  the  directors  may  prescribe  certain  rules  and  regulations 
for  the  government  of  the  schools  in  their  district,  and  enforce 
them.  They  may,  no  doubt,  classify  the  scholars,  regulate  their 
studies  and  their  deportment,  the  hours  to  be  taught,  besides  the 
performance  of  other  duties  necessary  to  promote  the  success  and 
secure  the  well-being  of  such  schools.  But  all  such  rules  and  regu- 
lations must  be  reasonable,  and  calculated  to  promote  the  objects 
of  the  law — the  conferring  of  such  an  education  upon  all,  free  of 
charge.  The  law  having  conferred  upon  each  child  of  proper  age 
the  right  to  be  tauglit  the  enumerated  branches,  any  rule  or  regu- 
lation which  by  its  enforcement  would  tend  to  hinder  or  deprive 
the  child  of  this  right  can  not  be  sustained.  All  rules  must  be 
adapted  to  the  promotion  and  accomplishment  of  this  great  and 
paramount  object  of  the  law." 

Now,  what  are  reasonable  rules? 

In  Thompson  v.  Beaver,  63  RL,  353,  the  following  conclusion 
was  reached: 

"What  are  reasonable  rules  is  a  question  of  law,  and  we  do  not 
hesitate  to  declare  that  a  rule  that  would  bar  the  doors  of  the 
school  house  against  little  children  who  had  come  from  so  great  a 
distance  (one  and  one-half  miles)  in  the  cold  winter,  for  no  other 
reason  than  that  they  were  a  few  minutes  tardy,  is  unreasonable 
and  therefore  unlawful.  In  its  practical  operation  it  amounts  to 
little  less  than  wanton  cruelty." 

Among  the  rules  established  by  the  board  in  a  certain  district 
was  this : 

"All  pupils  will  be  required  to  bring  written  excuses  from  their 
parents  to  teachers  for  absence,  and  such  excuses  must  be  satisfac- 
tory and  reasonable,  otherwise  they  will  not  be  granted." 

The  court  commented  upon  the  rule  as  follows: 

"The  rule  in  question  is  not  a  hard  or  harsh  one.  It  does  not 
of  itself  indicate  any  sinister  or  malevolent  purpose,  or  wicked 
force,  on  the  part  of  the  directors.  It  does  not  trench  upon  the 
rights  or  dignity  of  any  one.  We  instantly  and  properly  repel  any 
encroachment  upon  our  rights  as  citizens.  We  have  a  proper  pride 
and  ambition  in  maintaining  these  rights.under  any  and  all  circum- 
stances. But  I  am  utterly  unable  to  understand  how  this  simple 
rule  or  regulation,  requiring  the  pupil  in  certain  cases  to  bring  a 
written  excuse  from  its  parents  to  the  teacher,  is  an  attack  upon, 
or  an  abridgment  of,  our  inalienable  rights  as  citizens  of  this  free 
country." 

Churchill  v.  Fewkes,  13  Rl.  App.  {13  Brad.),  520. 


62  SCHOOL    LAWS. 

The  directors  may  make  and  enforce  a  rule  forbidding  the  use 
of  tobacco  or  whisky  in  any  form,  or  the  carrying  of  any  deadly 
weapon,  in  any  school  room  or  in  any  part  of  the  school  building. 

ENFORCEMENT  OF  RULES  BY  CORPORAL  PUNISHMENT. 

The  following  summary  of  cases  will  give  an  idea  of  what  has 
been  held  with  reference  to  corporal  punishment  in  schools  by 
courts  of  last  resort  in  other  states. 

"The  right  of  the  parent  to  keep  the  child  in  order  and  obedi- 
ence is  secured  by  the  common  law.  He  may  lawfully  correct  his 
child,  being  under  age,  in  a  reasonable  manner,  for  this  is  for  the 
benefit  of  his  education.  He  may  delegate,  also,  a  part  of  his 
parental  authority,  during  his  life,  to  the  tutor  or  schoolmaster  of 
his  child,  who  is  then  in  loco  parentis,  and  has  such  portion  of  the 
power  of  the  parent  committed  to  his  charge — viz. :  that  of  restraint 
and  correction — as  may  be  necessary  to  answer  the  purpose  for 
which  he  is  employed. 

1  Black.,  Com.,  453,  454. 
1  Hale's  P.  C,  473,474. 

'*The  rights  of  parents  (over  their  children)  result  from  their 
duties.  As  they  are  bound  to  maintain  and  educate  their  children, 
the  law  has  given  them  the  right  to  such  authority;  and,  in  support 
of  that  authority,  a  right  to  the  exercise  of  such  discipline  as  may 
be  requisite  for,  the  discharge  of  their  sacred  trust.  *The  power 
allowed  by  law  to  the  parent  over  the  person  of  the  child  may  be 
delegated  to  a  tutor  or  instructor,  the  better  to  accomplish  the  pur- 
poses of  education.' " 

KenVsCom.,  169,  170. 

Although  the  town  school  is  instituted  by  the  authority  of  the 
statute,  the  children  are  to  be  considered  as  put  in  charge  of  the  in- 
structor for  the  same  purpose,  and  be  clothed  with  the  same  power 
as  when  he  is  directly  employed  by  the  parents.  The  power  of  the 
parent  to  restrain  and  coerce  obedience  in  children  can  not  be 
doubted,  and  it  has  seldom  or  never  been  denied.  The  power  dele- 
gated to  the  master  by  the  parent  must  be  accompanied  for  the 
time  being  with  the  same  right,  as  incidental,  or  the  object  sought 
must  fail  of  accomplishment. 

"The  practice,  which  has  generally  prevailed  in  our  town 
schools  since  the  settlement  of  the  country,  has  been  in  accordance 
with  the  law  thus  expressed,  and  resort  has  been  had  to  personal 
chastisement  when  a  milder  means  of  restraint  had  been  unavail- 
ing." 

Stevens  v.  Fassett,  27  Me.,  266. 

"The  law  haviug  elevated  the  teacher  to  the  place  of  the  par- 
ent, if  he  is  still  to  sustain  that  sacred  relation,  it  become  him  to  be 
careful  in  the  exercise  of  his  authority,  and  not  make  his  power  a 
pretext  for  cruelty  and  oppression." 
14  Johns.  R.,  119. 

"Whenever  he  undertakes  to  exercise  it,  the  cause  must  be 
sufficient,  the  instrument  suitable  to  the  purpose;  the  manner  and 
extent  of  the  correction,  the  part  of  the  person  to  which  it  is  ap- 
plied, the  temper  in  which  it  is  afflicted ;  all  should  be  distinguished 
with  the  kindness,  prudence  and  propriety  which  becomes  the  sta- 
tion." 

Cooper  V.  McJunkin,  4  Ind.,  291. 

The  law,  as  we  deem  it  to  exist,  is  this:  A  schoolmaster  has 
the  right  to  inflict  reasonable  corporal  punishment.  He  must  exer- 
cise reasonable  judgment  and  discretion,  in  determining  when  to 
punish,  and  to  what  extent.    In  determining  upon  what  is  a  reas- 


SCHOOL    LAWS.  63 

enable  punishment  various  considerations  must  be  regarded — the 
nature  of  the  offense,  the  apparent  motive  and  disposition  of  the 
offender,  the  influence  of  his  example  and  conduct  upon  others, 
and  the  sex,  age,  size  and  strength  of  the  pupil  to  be  punished. 
Among  reasonable  persons  much  difference  prevails  as  to  the  cir- 
cumstances which  will  justify  the  infliction  of  punishment,  and  the 
extent  to  which  it  may  properly  be  administered.  On  account  of 
this  difference  of  opinion,  and  the  difficulty  which  exists  in  de- 
termining what  is  a  reasonable  punishment,  and  the  advantage 
which  the  master  has  by  being  on  the  spot  to  know  all  the  circum- 
stances—the manner,  looks,  tone,  gestures  and  language  of  the 
offender  (which  are  not  always  easily  described),  and  thus  to  form 
a  correct  opinion  as  to  the  necessity  and  extent  of  the  punishment, 
considerable  allowance  should  be  made  to  the  teacher,  by  way  of 
protecting  him  in  the  exercise  of  his  discretion.  Especially  should 
he  have  this  indulgence  when  he  appears  to  have  acted  from  good 
motives  and  not  from  anger  or  malice.  Hence,  the  teacher  is  not 
to  be  held  liable  on  the  ground  of  excess  of  punishment  unless  the 
punishment  is  clearly  excessive,  and  would  be  so  held  in  the  gen- 
eral judgment  of  reasonable  men.  If  the  punishment  be  thus 
clearly  excessive,  then  the  master  should  be  held  liable  for  such 
excess,  though  he  acted  from  good  motives  in  inflicting  the  punish- 
ment, and  in  his  own  judgment  considered  it  necessary  and  not 
excessive.  But  if  there  is  any  reasonable  doubt  whether  the  pun- 
ishment was  excessive,  the  master  should  have  the  benefit  of  the 
doubt." 

Lander  v.  Slaver,  32  Vt.,  114. 

In  State  V.  Mizner,  59  la,,  the  supreme  court  approved  the  fol- 
lowing instructions: 

"In  the  absence  of  all  proof,  the  law  presumes  that  a  father  or 
school  teacher  punishes  a  child  of  the  father  or  the  pupil  of  the 
teacher  for  a  reasonable  cause  and  in  a  moderate  and  reasonable 
manner.  But  this  presumption,  like  all  other  legal  presumptions, 
may  be  rebutted  by  the  proof. 

*'The  legal  objects  and  purposes  of  punishment  in  schools  are 
like  the  objects  and  purposes  of  the  state  in  punishing  the  citi- 
zens. They  are  threefold.  First,  the  reformation  and  the  highest 
good  of  the  pupil;  second,  the  enforcement  and  maintenance  of 
correct  discipme  in  school;  and  third,  as  an  example  to  like  evil- 
doers. And  ia  no  case  can  the  punishment  be  justifiable  unless  it  is 
inflicted  for  some  definite  offense  or  offenses  which  the  pupil  has 
committed,  and  the  pupil  is  given  to  understand  what  he  or  she  is 
being  punished  for.  And  if  you  find  from  the  evidence  that  the 
punishment  in  this  case  was  inflicted  upon  the  prosecutrix  without 
her  knowing  what  she  was  being  punished  for,  then  the  punish- 
ment was  wrong  on  the  part  of  the  defendant.  Punishment  in- 
flicted when  the  reason  of  it  is  unknown  to  the  punished,  is  sub- 
versive and  not  promotive  of  the  true  objects  of  punished  and  can 
not  be  justified." 

It  was  also  held  that  any  punishment  with  a  rod  which  left 
marks  or  welts  on  the  person  of  the  pupil  for  two  months  after- 
ward, or  much  less  time,  was  immoderate  and  excessive,  and  that 
the  court  would  have  been  justified  in  so  instructing  the  jury.  In 
this  case  the  pupil  was  punished  by  the  teacher  because,  acting  un- 
der the  direction  of  her  father,  she  did  not  study  algebra  or  attend 
school  at  the  hours  fixed.  The  court  held  that  such  a  violation  of 
rules  should  be  punished  by  suspension  or  expulsion  and  not  by 
whipping. 


64  SCHOOL    LAWS. 

''We  hold,  therefore,  that  it  may  be  laid  down  as  a  general  rule, 
that  teachers  exceed  the  limits  of  their  authority  when  they  cause 
lasting  mischief;  but  act  within  the  limits  of  it  when  they  inflict 
temporary  pain. 

"Within  the  sphere  of  this  authority  the  master  is  the  judge 
when  correction  is  required,  and  of  the  degree  of  correction  ne- 
cessary; and,  like  all  others  intrusted  with  a  discretion,  he  can  not 
be  made  personally  responsible  for  error  of  judgment,  but  only  for 
wickedness  of  purpose. 

"But  the  master  may  be  punishable  when  he  does  not  tran- 
scend the  powers  granted,  if  he  grossly  abuse  them.  If  he  use  his 
authority  as  a  cover  for  malice,  and  under  pretense  of  administer- 
ing correction  gratify  his  own  bad  passions,  the  mask  of  the  judge 
shall  be  taken  off,  and  he  will  stand  amenable  to  justice  as  an  indi- 
vidual not  invested  with  judicial  power." 

State  V.  Pendergrass,  2  Dev.  &  Bat  ,  365. 

"If,  inflicting  punishment  upon  his  pupil,  he  went  beyond  the 
limit  of  moderate  castigation,  and,  either  in  the  mode  or  degree  of 
correction,  was  guilty  of  any  unreasonable  and  disproportionate 
violence  or  force  he  was  clearly  liable  for  such  excess  in  a  criminal 
prosecution." 

1  Hawk.,  c.  60,  sec.  23. 

Kussell  on  Crimes,  7th  Amer.  Ed.,  753. 

Bae.  Ah.  Assault  and  Battery,  C.  J. 

"It  is  undoubtedly  true,  that,  in  order  to  support  an  indictment 
for  an  assault  and  battery,  it  is  necess-iry  to  show  that  it  was  com- 
mitted ex  intentione,  and  that  if  the  criminal  intent  is  wanting  the 
offense  is  not  made  out.  But  this  intent  is  always  inferred  from 
the  unlawful  act.  The  unreasonable  and  excessive  use  of  force  on 
the  person  of  another  being  proved,  the  wrongful  intent  is  a  neces- 
sary and  legitimate  conclusion  in  all  cases  where  the  act  w^as 
designedly  committed.  It  then  becomes  an  assault  and  battery, 
because  purposely  inflicted  without  justification  or  excuse. 
Whether,  under  all  the  facts,  the  punishment  of  the  pupil  is  exces- 
sive, must  be  left  to  the  jury." 

Commonwealth  v.  Randall,  4  Gray,  36. 

"In  inflicting  such  punishment  the  teacher  must  exercise  sound 
discretion  and  judgment,  aad  must  adapt  it" not  only  to  the  offense 
but  to  the  offender.  Horace  Mann,  a  high  authority  in  the  matter 
of  schools,  says  of  corporal  punishment:  .  'It  should  be  reserved 
for  baser  faults.  It  is  a  coarse  remedy,  and  should  be  employed 
upon  the  coarse  sins  of  our  animal  nature,  and,  when  emploj^ed  at 
all,  should  be  administered  in  strong  doses.'  Of  course  the  teacher 
in  inflicting  such  punishment,  must  not  exceed  the  bounds  of 
moderation.  No  precise  rule  can  be  laid  down  as  to  what  shall  be 
considered  exces-ive  or  unreasonable  punishment." 
Reeve^s  Dom.  Rel.,  288. 

"Each  case  must  depend  upon  its  own  circumstances.  And  we 
think  it  equally  clear  that  he  should  also  take  into  consideration 
the  mental  and  moral  qualities  of  the  pupi',  and,  as  indicative  of 
these,  his  general  behavior  in  school  and  his  attitude  towards  his 
teacher  becomes  proper  subjects  of  consideration. 

"We  think,  therefore,  that  the  court  acted  properly  in  admit- 
ting evidence  of  the  prior  and  habitual  misconduct  of  the  plaintiff, 
and  that  it  was  perfectly  proper  for  the  defendant,  in  chastishig 
him,  to  consider  not  merely  the  immediate  offense  which  had  called 
for  the  punishment,  but  the  past  offenses  that  aggravated  the 
present  one,  and  showed  the  plaintiff  to  have  been  habitually  re- 
fractory and  disobedient.    Nor  was  it  necessary  that  the  teacher 


SCHOOL    LAWS.  65 

should,  at  the  time  of  inflicting  the  punishment,  remind  the  pupil 
of  his  past  and  accumulating  offenses.    The  pupil  knew  them  well 
enough  without  having  them  freshly  brought  to  his  notice." 
Shelton  v.  Sturgess,  53  Conn.,  481. 

If  a  pupil  who  is  of  age  attends  school,  she  submits  herself  to 
all  the  rules  of  the  school  and  to  like  discipline  with  those  pupils 
who  are  under  age. 

State  V.  Mizner,  45  la.,  248. 

The  same  rule  holds  if  the  pupil  is  over  twenty-one  years  of 
age  and  attends  the  school  by  consent  of  the  directors. 
Stevens  v.  Fassett,  27  Me.,  266. 

In  Peck  V.  Smith,  41  Conn.,  442,  the  judge  held  that  a  member 
of  a  school  board  may  eject  a  pupil  from  the  school  house  for  in- 
sulting conduct  towards  htm : 

*'The  defendant,  being  at  the  school  house  performing  certain 
duties  connected  with  the  school,  called  the  attention  of  the  plain- 
tiff to  certain  acts,  not  specially  culpable  in  character,  which  he 
acknowledged  he  had  committed.  His  bearing  and  manner  were 
insolent  and  offensive,  and  the  language  in  which  he  indulged  was 
grossly  profane.  Such  language,  reprehensible  at  all  times,  should 
not  have  been  allowed  to  pass  with  impunity  from  a  school  boy  of 
the  older  class,  within  the  walls  of  a  school  house,  in  the  presence 
and  hearing  of  younger  pupils.  After  being  told  to  leave  he  so 
conducted  himself  that  it  was  proper  to  remove  him,  no  unneces- 
sary force  being  used  to  attain  that  object. 

"It  may  be  proper  to  observe,  however,  that  public  sentiment 
does  not  now  tolerate  such  corporal  punishment  of  pupils  as  was 
formerly  thought  permissible  and  even  necessary." 
1  Cooley^s  Blackstone,  453. 

Rules  which  should  control  the  teacher  in  inflicting  punish- 
ment. The  opinions  of  the  highest  judicial  tribunals  and  eminent 
jurists  concur  in  respect  to  the  propriety  and  necessity  of  granting 
school  teachers  authority  to  inflict  corporal  punishment  in  certain 
cases,  and  of  protection  to  them  in  the  prudent  and  reasonable  ex- 
ercise of  such  authority  either  to  promote  the  welfare  of  the  child 
or  the  welfare  of  the  whole  school.  Teachers  are,  however,  held 
to  a  just  accountability  for  the  abuse  of  the  power  conferred.  The 
decisions  cited  relate  to  punishments  with  the  rod,  ferule,  etc.,  but 
the  rule  of  discretion  and  accountability  is  the  same  for  all  other 
forms  of  punishment.  Without  doubt  the  best  teachers  do,  as  a 
general  rule,  use  the  rod  least,  because  they  have  a  more  perfect 
personal  discipline,  and  command  a  wider  range  of  mental  and 
moral  resources  from  which  to  draw  in  dealing  with  the  wayward 
and  erring;  and  because  they  have,  by  nature,  the  faculty  of  deal- 
ing easily  and  successfully  with  youth.  It  may  be  that  if  we  all 
were  wise  enough,  some  other  remedy  might  be  found  in  every 
case;  I  cannot  say.  But  it  is  quite  certain  that,  so  far  as  we  can 
judge  of  cause  and  effect,  cases  arise  at  one  time  or  another  in  the 
experience  of  most  teachers,  when  the  timely  and  judicious  inflic- 
tion of  corporal  punishment  seems,  both  at  the  time  and  after  wards, 
the  wisest  and  best  thing  that  could  be  done.  Certain  it  is,  also 
that  castigation  with  the  rod  is  often  less  cruel  than  sharp  words, 
tones  of  irony,  sarcasm  or  invective,  and  less  humiliating  and  harm- 
ful than  some  of  the  substitutes  therefor. 

Illinois  School  Laws  and  Decisions. 

Sec.  7061.  They  may  permit  older  persons  to  at- 
tend the  school  under  such  regulations  as  they  may 
deem  proper.     Ih,,  part  sec.  76.  s-5 


66  8CH00L    LAWS. 

Sec.  7062.  The  county  court  shall  have  power, 
upon  the  petition  of  any  person  residing  in  any  par- 
ticular school  district,  to  transfer  the  children  or  wards 
of  such  person,  for  educational  purposes,  to  an  adjoin- 
ing district  in  the  same  county,  or  to  an  adjoining  dis- 
trict in  an  adjoing  county;  Provided,  Said  petitioner 
shall  state  under  oath  that  the  transfer  is  for  school 
purposes  alone.  Provided,  further,  Where  a  number 
of  colored  children  or  wards,  not  exceeding  ten,  reside 
in  a  particular  school  district,  th^  county  court  shall 
have  power,  upon  petition  of  any  person,  to  transfer 
said  colored  children  or  wards  of  such  person  to  an  ad- 
joining district  in  the  same  county,  or  an  adjoining 
district  in  an  adjoining  county;  and,  also,  where  a 
number  of  white  children  or  wards,  not  exceeding  ten, 
reside  in  a  particular  school  district,  the  county  court 
shall  have  power,  upon  the  petition  of  any  person,  to 
transfer  said  white  children  or  wards  of  such  person  to 
an  adjoining  district  in  the  same  county,  or  an  adjoin- 
ing district  in  an  adjoinmg  county;  and  said  transfers 
under  the  last  named  proviso  shall  not  destroy  the 
legality  of  such  school  districts,  although  the  number 
of  children  be  reduced  to  a  number  less  than  thirty-five 
persons  of  scholastic  age;  and  said  petitioner  shall  at 
once  notify  the  county  examiner  of  the  county  or  coun- 
ties and  the  directors  of  both  districts.  Act  April  3, 
1891.     See  sec.  6988. 

It  must  be  remembered  that  the  right  is  a  personal  one  and 
reaches  no  further  than  the  children  or  wards  of  the  person  asking 
it.  It  does  not  transfer  the  tenants  of  the  person  nor  any  one  living 
upon  his  estate.  Tenants  are  not  serfs  and  may  not  be  transferred 
nolens  volens  upon  the  petition  of  the  landlord. 

The  transfer  can  only  be  made  to  adjoining  districts.  The  prac- 
tice of  transferring  to  distant  districts  not  adjoining,  is  pernicious 
and  unlawful. 

Sec.  7063.  The  directors  of  the  district  to  which 
such  children  have  been  transferred,  at  the  time  of  the 
enumeration  shall  include  such  children  m  the  district 
to  which  they  have  been  transferred,  and  they  shall  not 
be  enumerated  in  the  district  where  they  reside.  The 
district  school  tax  of  such  person  shall  be  added  to  the 
school  revenues  of  the  district  to  which  he  has  been 
transferred  and  shall  not  be  included  in  the  school  reve- 
nues of  the  district  where  he  resides. 


SCHOOL    LAWS.  67 

A  transfer  into  a  ne  w  district  places  the  children  and  all  the  tax€  s 
for  school  purposes  of  the  party  transferred  in  the  district  to  which 
43aid  party  transfers.  The  party  thus  transferred  can  vote  and  hold 
office  in  said  dictrict,  provided  said  party  is  not  transferred  out  of 
his  own  county.    See  following  section. 

Sec.  7064.  Any  person  who  transfers  his  child, 
children  or  wards  and  property  to  any  district  for  edu- 
cational purposes,  shall  have  the  same  right  to  vote  in 
said  district  for  directors  and  tax  as  other  electors  have 
of  the  district  to  which  he  is  so  transferred.  Where 
such  person  is  transferred  to  a  district  out  of  his  county, 
the  county  treasurer  of  the  county  wherein  he  resides, 
shall  open  an  account  with  the  district  to  which  he  is 
transferred,  and  his  school  taxes  shall  be  credited  to 
the  same  and  paid  on  the  warrants  of  the  directors  of 
the  district  to  which  he  is  transferred.  Provided,  Any 
person  transferring  his  property  and  children  to  an  ad- 
joining district,  for  educational  purposes,  shall  have 
the  right,  after  having  been  transferred,  or  residing 
therein  for  thirty  days  previous  to  said  election,  and 
within  the  state  for  one  year  and  in  the  county  six 
months,  and  who  has  paid  his  poll  tax,  to  vote  in  said 
school  district,  and  in  no  other  for  directors  or  tax  at 
said  school  elections,  but  said  person  or  persons  shall 
not  have  the  right  to  vote  for  directors  or  tax  out  of  his 
county.  Act  Dec.  7,  1875,  sec.  76,  as  amended  by  act 
Jan.  10,  1897,  sec.  2. 

Sec.  7065.  The  directors  may  permit  a  private 
school  to  be  taught  in  the  district  school  house  during 
such  time  as  the  said  house  is  not  occupied  by  a  public 
school,  unless  they  be  otherwise  directed  by  a  majority 
of  the  legal  voters  of  the  district.  Act  December  7. 
1875,  sec.   77. 

Sec.  7066.  The  directors  shall  cause  the  public 
schools  in  their  districts  to  be  closed  on  the  days  ap- 
pointed for  public  examination  of  teachers  in  their 
county,  and  also  cause  the  said  school  to  be  closed  dur- 
ing the  session  of  the  teachers'  institute.  Provided, 
Said  schools  shall  not  be  closed  for  a  greater  length  of 
time  than  five  days  during  any  one  session  of  not  more 
than  five  months.     Act.  March  27,  1885. 

By  Act  XXVII,  approved  March  5, 1895,  so  much  of  this  section  as 
relates  to  public  examinations  is  repealed.  Teachers  are  not  now 
required  to  attend  examinations  unless  they  desire  to  obtain  license 
to  teach.    No  examination  and  institute  can  be  held  at  the  same 


68  SCHOOL    LAWS. 

time.  Teachers  are  required  to  attend  an  institute  of  one  week 
each  year  and  cannot  be  chargad  for  loss  of  time  while  attending. 
See  sec.  7073. 

Sec.  7067.  Directors  and  county  examiners  shall  be 
exempt  from  working  on  roads  and  highways.  Act 
December  7,  1875,  sees.  77-79,  as  amended  by  act  March 
23,  1891, 

Sec.  7068.  Any  director  or  other  person  whose 
duty  it  may  become  to  report  to  the  oounty  court  the 
per  cent,  of  tax  levied  by  any  school  district  at  an  an- 
nual meeting,  and  who  shall  neglect  or  refuse  to  do  so 
in  the  manner  and  at  the  time  provided  by  law,  shall 
be  liable  for  all  loss  which  may  be  sustained  by  such 
failure  and  for  all  costs,  and  shall  be  fined  not  less  than 
ten  nor  more  than  fifty  dollars. 

Sec.  7069.  Within  fifteen  days  after  any  special 
tax  shall  be  voted  by  a  school  district  at  an  annual 
meeting,  it  shall  be  the  duty  of  the  directors  to  furnish 
the  county  clerk  with  a  certified  list  of  all  persons  own- 
ing property  in  the  district  liable  to  pay  such  special 
tax. 

Sec.  7070.  Any  person  whose  duty  it  is  to  execute 
sections  7046,  7069  or  7084,  and  who  shall  fail  to  do  so, 
shall  be  fined  not  less  than  ten  nor  more  than  fifty  dol- 
lars, and  the  same  shall  be  paid  into  the  county  treas- 
ury.    Act  March  11,  1881,  sees.  1,  3  and  9. 

teachees. 

Sec.  7071.  Any  person  who  shall  teach  in  a  com- 
mon school  in  this  state,  without  a  certificate  of  his 
qualification  and  his  license  to  teach,  shall  not  be  en- 
titled to  receive  for  such  services  any  compensation 
from  revenues  raised  by  tax  or  in  any  wise  appropriated 
for  the  support  of  common  schools;  Provided,  If  his 
license  expire  by  limitation  during  any  school,  such  ex- 
piration shall  not  have  the  effect  to  interrupt  his  school, 
or  to  debar  his  claim  against  school  revenues  for  the 
payment  of  teacher's  wages. 

The  right  to  teach  is  based  upon  an  approved  examination  be- 
fore a  state  officer.  Every  teacher  must  show  a  certificate  or  not 
receive  state  revenue.  This  includes  all  assistants.  The  ass  stant 
is  a  teacher  and  can  only  receive  compensation  lawfully  through  the 
directors.  No  principal  can  draw  a  lump  salary  from  the  school 
revenues  to  pay  for  either  licensed  or  unlicensed  assistants.  Each 
teacher  must  have  a  separate  contract  and  draw  his  separate  com- 
pensation.   The  treasurer  is  warranted  in  demanding  the  license^ 


»OHOOL    LAWS.  69 

and  the  contract  before  paying  any  warrant;  and  if  such  contract 
discloses  the  fact  that  the  warrant  is  drawn  to  cover  the  salary  of 
an  unlicensed  teacher,  it  should  not  be  paid.  See  sections  7052,  7051 
and  7043. 

The  teacher  must  have  a  living  license  on  the  day  he  begins  the 
actual  work  of  teaching.  Having  begun  his  school  lawfully  he  may 
finish  it,  although  his  license  expires  before  the  end  of  his  term. 
This,  however,  does  not  preclude  the  board  of  directors  from  de- 
manding of  each  applicant  a  license  which  shall  cover  the  entire 
term  provided  for  in  the  contract. 

The  district  is  entitled  to  the  services  of  a  teacher  qualified  un- 
der the  law  and  no  act  of  the  directors  can  bind  the  district  to  pay 
for  the  services  of  an  incompetent  man. 

Deval  V.  School  District  No.   3,  Michigan  Supreme  Court 
Reports,  IS89. 

As  elsewhere  stated,  all  funds  collected  from  taxes  levied  by 
school  directors,  must  be  held  subject  to  and  paid  out  upon  the  or- 
ders of  the  directors  of  the  district.  But  the  orders  on  such  tax 
funds  must  be  for  the  payment  of  debts  legally  contracted  and  no 
others.  Hence  a  board  of  directors  cannot  use  any  portion  of  such 
special  district  taxes  to  pay  a  teacher  who  taught  without  having 
the  necessary  certificate  of  qualifications.  Directors  are  empow- 
ered to  levy  taxes  for  the  sole  purpose  of  supporting  or  extending 
the  terms  of  such  schools,  and  such  only  as  the  law  contemplates. 
But  the  law  does  not  contemplate  or  in  any  manner  recognize, 
schools  taught  by  teachers  who  have  no  certificates,  and  no  public 
or  special  tax  fund  can,  therefore,  be  used  to  pay  any  of  the  ex- 
penses of  schools  so  taught.  Any  other  interpretation  of  the  statute 
would  be  absurd,  because  if  the  directors  may  ignore  every  other 
provision  in  respect  to  certificates,  they  may  ignore  every  other 
provision  of  the  act,  and  levy  taxes  to  pay  the  teachers  of  writing 
schools,  singing  schools,  or  any  other  description  of  schools^  how- 
ever unlike  they  may  be  to  the  public  schools  provided  for  in  the 
statute. 

Casey  v.  Baldridge,  15  ILL,  65. 
Wells  V.  People,  71  III.,  532. 

Directors  who  pay  a  teacher  who  has  not  a  certificate  are  per- 
sonally liable  for  the  loss  of  school  funds  through  their  misuse  of 
them.  The  school  taught  by  a  teacher  without  a  certificate  is  not  a 
legal  school ;  and  if,  on  that  account,  the  district  loses  its  share  of 
funds  distributed  by  the  trustees,  the  directors  are  fur. her  liable 
personally  for  such  loss.  They  are  also  liable  to  a  fine  for  a  failure 
to  perform  their  duty  under  the  law. 

If  directors  employ  a  teacher  who  has  not  a  certificate,  as  re- 
quired by  law,  and  the  treasurer  knows  the  fact,  even  if  the  directors 
certify  to  his  schedule,  the  treasurer  can  not  pay  it.  It  would  be  a 
case  of  open  violation  'of  a  positive  requirement  of  the  law,  and 
should  not  be  overlooked.  Known  and  palpable  fraud  always 
vitiates. 

Any  interested  tax  payer  may  enjoin  the  payment  of  a  teacher 
who  has  no  certificate,  or  may  stop  the  payment  of  a  judgment  in 
favor  of  such  teacher,  if  obtained  by  collusion  with  the  directors. 
Barr.  v.  Deniton,  19  N.  H.,  170. 
Noble  V.  Directors,  117  Til.,  30. 

If  a  teacher  teaches  for  a  while  without  a  certificate  and  then 
gets  one,  the  directors  cannot  pay  for  the  time  taught  without  a 
certificate.  Neither  can  they  pay  him  indirectly  for  puch  time  by 
hiring  him  over  at  an  advance  in  salary  sufficient  to  make  up  for 


70  SCHOOL    LAWS. 

the  time  taught  before  he  got  a  certificate.    Public  oflacers  must 
not  do  indirectly  what  the  law  forbids  them  to  do  directly. 

Wells  V.  People,  71  III.,  532. 

Substitutes  and  assistants  must  have  certificates.  The  teacher 
employed  as  a  substitute  for  however  short  a  time,  must  have  a 
certificate  of  qualification,  make  a  schedule,  and  comply  with  all 
other  requirements  of  the  law,  or  the  public  funds  can  not  be  used 
in  payment  of  temporary  services  so  rendered.  One  teacher  can 
not  receive  wages  on  the  certificate  of  another,  or  in  the  name  of 
another  teacher. 

All  assistant  teachers,  special  teachers  of  writing,  etc.,  included, 
in  the  public  schools,  must  have  certificates  of  qualification  from 
the  county  examiner — there  is  no  exception  to  the  emphatic  re- 
quirements of  the  law  in  respect  to  certificates. 

This  opinion  is  grounded  upon  the  plain  object  of  the  legislature 
in  requiring  teachers  to  possess  certificates;  which  can  be  none 
other  than  to  secure  the  employment  of  teachers  of  approved 
character  and  ability— a  consideration  of  quite  as  much  moment 
in  the  case  of  assistant  teachers,  as  any  other. 

It  is  held  that  the  superinteddent  of  city  and  village  schools  be- 
longs to  the  teaching  force,  and  should,  therefore,  have  a  certificate 
of  qualification  in  order  that  he  may  draw  his  pay. 

When  the  directors  persist,  in  violation  of  law,  in  retaining  a 
teacher  who  does  not  hold  a  certificate,  any  tax-payer  or  patron  of 
the  school  would  be  entitled  to  an  injunction  to, restrain  the  teacher 
or  board  from  continuing  the  school.  The  county  superintendent 
can  not  take  out  an  injunction  in  such  a  case. 
Perkins  v.  Wolf,  17  la.,  228. 
Barr  v.  Deniston,  19  N.  H.,  170. 

Sec.  7072.  Every  teacher  shall  keep  a  daily  register 
of  his  school  in  the  manner  prescribed  by  law,  and  in- 
dicated by  the  blank  school  register  to  be  furnished  by 
the  directors  at  the  commencement  of  the  school. 

Directors  can  not  make  the  reports  required  by  law  without  the 
information  contained  in  this  register,  and  they  should  exact  rigidly 
a  compliance  with  the  requirements  of  this  section.  No  teacher 
who  refuses  to  comply  with  law  or  who  is  unable  to  comply  there- 
with should  be  retained  as  a  teacher,  and  the  proper  steps  should 
be  taken  at  once  to  revoke  his  license. 

Directors  must  not  draw  warrant  for  last  month's  salary  until  this 
register  is  completed  for  the  term. 


SCHOOL    LAWS.  71 

ACT  XXVII. 

Sec.  7073.  An  act  to  amend  section  7073  of  San- 
dels  &  HilPs  Digest. 

Section 

1.  Only  teachers  to  be  examined  for  position  in  public  schools 

of  any  county  required  to  attend  examinations  in  county. 

2.  Teachers  in  public  schools  shall  attend  county  normal  once 

a  year. 

3.  Normal  institute  and  quarterly  examination  shall  not  be  held 
at  the  same  time. 

4.  No  teacher  attending  either  shall  be  charged  with  loss  of  time. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of 
Arkansas : 

That  section  seven  thousand  and  seventy  three  of 
Sandels  &  HilPs  Digest  be  amended  so  as  to  read  as 
follows : 

Section  1 .  It  shall  be  the  duty  of  only  such  teachers 
as  desire  to  be  examined  for  license  to  teach  in  the  pub- 
lic schools  of  any  county  to  attend  any  public  examina- 
tion for  teachers  of  said  county. 

Sec.  2.  It  shall  be  the  duty  of  all  the  teachers  of  the 
public  schools  to  attend  one  institute  annually,  which 
shall  be  held  by  the  county  examiner,  after  having 
given  twenty  days'  notice  of  the  time  and  place  of  the 
institute  in  the  same  manner  as  is  now  required  by  law 
for  quarterly  examinations. 

Sec.  3.  No  institute  and  quarterly  examination 
shall  be  held  at  the  same  time. 

Sec.  4.  No  teacher,  when  attending  a  quarterly  ex- 
amination, or  an  institute,  shall  be  charged  for  loss  of 
time  while  necessarily  absent  from  his  school  to  attend 
such  examination  or  institute. 

Approved  March  5,  1895. 

There  is  no  way  to  avoid  this  duty,  nor  is  it  lawful  for  directors  to 
encourage  teachers  in  a  wilful  violation  of  law.  It  is  still  worse 
when  they  try  to  force  teachers  to  do  this  by  reservations  in  the 
contract.  No  teacher  is  bound  by  any  contract  which  requires  him 
to  violate  the  law. 

Teachers  must  attend  these  institutes.  This  law  only  excuses 
them  from  the  examinations  while  they  hold  certificates. 

Sec.  7074.     No  teacher  employed  in  any  of  the  com- 
mon schools  shall  permit  sectarian  books  to  be  used  as 
eading  or  text-book  in  the  school  under  his  care. 


72  SCHOOL    LAMTS. 

The  law  leaves  the  discretion  of  reading  or  not  reading  the  Bible 
with  th  3  school  boards,  and  the  courts  have  uniformly  refused  to 
restrain,  coerce  or  interfere  with  this  discretion. 

Board  of  Education  of  Cincinnati  V.  Minor j  23  Ohio  Stat. 
211. 

McCormick  v.  Burt  ,  Northwestern  Reporter,  Illinois  Sup- 
plement, Vol.  l,p.  340. 

The  use  of  any  version  of  the  Bible  as  a  text-book  in  the  public 
schools,  and  the  stated  reading  thereof  in  such  schools  by  the  teach- 
ers, without  restriction,  although  unaccompanied  by  any  comment, 
was  held  by  the  supreme  court  of  Wisconsin  in  State  v.  Board  of 
Education  (76  Wis.,  177),  as  having  a  tendency  to  inculcate  sec- 
tarian ideas,  and  such  use  enjoined. 

It  was  held  however  that  text-books  founded  upon  the  funda- 
mental teachings  of  the  Bible,  or  which  contain  extracts  therefrom, 
and  such  portions  of  the  Bible  as  are  not  sectarian,  might  be  used 
in  the  secular  instruction  of  the  pupils  and  to  inculcata  good  morals. 

This  is  the  latest  legal  deliverances  upon  this  important  subject 
and  deserves  the  most  careful  study  of  all  educators. 

Sec.  7075.  Any  teacher  who  shall  have  complied 
with  the  provisions  of  this  act  shall  be  paid  from  the 
first  money  received  into  the  county  treasury  to  the 
credit  of  the  district ;  and  his  claim  shall  not  be  super- 
seded by  any  subsequent  claim  (ii);  and  no  money  in 
the  county  treasury  belonging  to  any  district  shall,  so 
long  as  there  is  any  such  claim  filed  against  the  said 
district,  be  applied  to  any  purposes  w^hatever  other  than 
the  payment  of  teachers'  wages.  Act  Decemher  7, 1875, 
sees.  80-84. 

Sec.  7076.  No  teacher  shall  be  entitled  to  the  last 
month's  pay  for  any  school  taught  by  him  until  he 
shall  have  returned  to  the  directors  of  the  district  in 
which  such  school  was  taught  the  daily  register  fur- 
nished him,  with  all  statistical  work  which  teachers  are 
by  law  required  to  perform,  perfected  and  complete, 
and  no  director  shall  otherwise  issue  an  order  for  such 
last  month's  pay.     Act.  March  11,  1881,  sec.  4. 

TKESPASS   ON    SCHOOL   HOUSES,    ETC. 

Sec  .  7077 .  Any  person  who  sh  al  Iwilf  ully  destroy  or 
injure  any  building  used  as  a  school  house,  or  for  other 
educational  purposes,  or  any  furniture,  fixtures  or  ap- 
paratus thereto  belonging,  or  who  shall  deface,  mar  or 
disfigure  any  such  building,  furniture  or  fixtures,  by 
writing,  cutting,  painting  or  pasting  thereon  any  like- 
ness, figure,  words  or  device,  without  the  consent  of  the 

(w.)    See  sec.  7081. 


SCHOOL    LAWS.  73 

-teacher  or  other  person  having  control  of  such  house, 
furniture  or  fixtures  shall  be  fined  in  a  sum  double  the 
value  of  any  such  building,  furniture,  fixtures  or  ap- 
paratus so  destroyed,  and  shall  be  fined  in  a  sum  not 
less  ten  nor  more  than  fifty  dollars  for  each  offense  for 
writing,  painting,  cutting  or  pasting  in  any  such  build- 
ing, furniture  or  fixtures  any  such  words,  figures,  like- 
ness or  device,  to  be  recovered  by  civil  action  in  any 
court  of  competent  jurisdiction;  and  the  punishment 
provided  in  this  section  is  in  addition  to,  and  not  in 
lieu  of,  the  punishment  provided  by  the  statutes  for 
such  offenses  {v).     Act.  JJecemher  7,  1875 ,  sec.  86. 

SCHOOL    WARRANTS    {w) — DISBURSEMENTS  OF  FUNDS,  ETC. 

Sec.  7078.  It  shall  be  unlawful  for  county  collec- 
tors and  treasurers  to  purchase  or  otherwise  be  the  own- 
ers of  or  interested,  directly  or  indirectly,  in  any  school 
warrant  issued  by  any  school  director  of  the  county  in 
which  they  reside. 

Sec.  70 /■9.  The  district  school  tax  in  each  county 
may  be  payable  and  receivable  in  the  warrants  drawn 
by  the  directors  of  the  school  district  in  which  a  school 
tax  may  be  levied  by  the  county  court. 

Sec.  7080.  It  shall  be  the  duty  of  the  county  treas- 
urer of  each  county  to  keep  in  his  office  a  suitable  and 
well  bound  book,  in  which  he  shall  register  by  nui^ber 
and  in  the  order  of  presentation  all  direct  school  war- 
rants that  may  be  presented  to  him ;  this  registration  to 
be  made  before  the  warrant  is  paid,  and  it  shall  show 
the  date  of  presentation  of  the  warrant,  by  whom 
drawn,  on  what  district  and  in  whose  favor,  and  for 
what  purpose  drawn,  the  amount  and  date  of  the  war- 
rant, date  of  payment,  and  to  whom  paid;  and  said 
book  shall  at  all  times  be  subject  to  the  inspection  of 
any  tax-payer  {x). 

Sec.  7081 .  It  shall  be  the  duty  of  the  county  treas- 
urers, immediately  upon  the  receipt  by  them  of  any 
school  funds,  to  give  notice  of  the  amount  and  kind  of 

{v.)  For  an  offense  committed  by  insulting  a  teacher  in  the 
presence  of  his  pupils,  see  sec.  1.53.0.  For  cutting,  writing  upon  or 
defacing  school  houses,  see  sec.  1794.  For  disturbing  schools,  see 
sec.  1798. 

{w.)  The  statute  of  limitations  runs  on  school  warrants.  School 
District  V.  Croomer,  .i 2 -4.5 4;  School  District  v.  Reeve,  .56-08. 

(x.)  The  legislature  may  relieve  the  treasurer  and  his  bondsmen 
from  liability  for  school  funds.     Pearson  v.  State,  .5 a- 148. 


74  SCHOOL    LAWS. 

funds  received,  and  from  what  source  received,  by  writ- 
ten or  printed  notices  put  up  in  two  public  places  in 
each  and  every  school  district  and  at  the  court  house 
door,  and  the  funds  so  received  shall  be  paid  out  pro 
rata  on  the  warrants  registered  in  accordance  with  the 
provisions  of  the  preceding  section  (y).  Provided,  Ap- 
plication for  such  payment  is  made  within  thirty  days 
from  the  giving  of  the  notice  herein  required. 

Sec.  7082.  Any  officer  failing  to  comply  with  the 
requirements  of  this  act  for  each  and  every  offense, 
shall  be  subject  to  indictment,  and,  if  found  guilty, 
shall  be  punished  by  a  fine  of  not  less  than  five  hundred 
dollars  and  by  confinement  in  the  penitentiary  of  the 
state  for  a  period  not  less  than  three  nor  more  than 
twelve  months. 

Sec.  7083.  Any  director  who  shall  fraudulently  is- 
sue any  school  warrant  shall  be  guilty  of  a  misde- 
meanor, and,  upon  conviction,  shall  be  subject  to  the 
penalties  enumerated  in  the  preceding  section.  Act 
May  27, 1874. 

Sec.  7084.  The  county  treasurer  shall,  on  or  before 
the  first  day  of  September  each  year,  forward  to  the 
superintendent  of  public  instruction  a  certified  state 
ment  showing  the  amount,  in  kind,  of  public  school 
funds  received  by  him ;  from  what  sources  they  were 
received ;  how  and  for  what  purposes  they  have  been 
disbursed,  and  what  amount,  in  kind,  remains  in  the 
treasury.     Act  March  11,  1881,  sec.  8. 

Sec.  7085.  The  order  of  any  board  of  directors, 
properly  drawn  after  the  passage  of  this  act,  other  than 
those  of  single  school  districts  in  cities  and  towns,  shall 
be  presented  to  the  treasurer  of  the  proper  county  with- 
in sixty  days  after  it  was  drawn  by  the  said  board  of 
directors.  All  such  orders  shall  be  paid  in  the  order  of 
their  presentation  (z).     Act  March  21,  1885,  sec.  1. 

Sec.  7086.  If  there  are  no  funds  with  which  to  pay 
such  order,  the  treasurer  shall  endorse  the  same:  "Not 
paid  for  want  of  funds,''  giving  the  date  and  signing 
his  name  officially.  He  shall  number  and  record  each 
warrant  in  the  book  provided  for  such  purpose,  keep- 
ing a  separate  record  for  each  district,  and  shall  pay 

(2/).     See  sec.  6993: 

(z.)     See  School  District  v  Reeve,  56-68. 


SCHOOL    LAWS.  75 

said  warrants  in  the  order  of  their  number.    Act  March 
21,  1885,  sec.  2. 

Opinion  of  Attorney  General  Kinsworthy.    See  index. 

VIOLATION    OF    SCHOOL   LAWS — DUTY   OF   PROSECUTING  AT- 
TORNEYS. 

» 

Sec.  7087.  The  prosecuting  attorney  of  each  judicial 
district  shall,  upon  being  satisfied  that  any  violation  of 
the  school  laws  of  this  state  has  been  committed  by  any 
officer  or  person,  in  any  county  of  his  district,  which 
renders  such  officer  or  person  so  offending  liable  to  any 
fine,  pain,  penalty  or  forfeiture  for  damage,  without 
delay,  institute  in  any  court  of  competent  jurisdiction 
such  proceedings  as  are  necessary  to  bring  such  offender 
to  trial,  and  secure  to  the  county  school  district,  or 
person  damaged  by  such  violation,  the  benefits  and  re- 
liefs to  which  each  or  any  of  them  may  be  entitled ;  and 
for  such  services  the  prosecuting  attorney  shall  be  al- 
lowed the  same  compensation  as  he  is  allowed  in  cases 
of  misdemeanor,  which  shall  be  assessed  against  such 
offender  as  cost.     Act  Marcli  11,  1881,  sec.  10. 

special  act  for  the  REGULATION  OP   PUBLIC  SCHOOLS  IK 
CITIES   AND  TOWNS. 

Sec  7088.  Any  incorporated  city  or  town  in  this 
state,  including  the  territoiy  annexed  thereto  for  school 
purposes,  may  be  organized  into  and  established  as  a 
single  school  district  in  the  manner  and  with  the  powers 
hereinafter  specified.     Act  February  4,  1869,  sec.  1. 

In  the  case  of  Beavers  v.  State,  60  Ark.,  124,  it  is  held  that  the 
territory,  which  was  included  with  the  incorporated  city  or  town  in 
a  common  school  district  prior  to  its  formation  into  a  single  school 
district,  is  not  by  the  act  or  organization  included  therein,  and  can 
only  be  so  included  by  annexation  as  provided  for  in  section  7113. 

Sec.  7089.  Upon  the  written  petition  of  twenty 
voters  of  such  city  or  town,  praying  that  the  sense  of 
the  legal  voters  of  said  city  or  town  may  be  taken  on 
the  adoption  of  this  act  for  the  regulation  and  govern- 
ment of  the  public  schools  therein,  it  shall  be  the  duty 
of  the  mayor  of  such  city  or  town,  within  five  days  after 
the  presentation  of  such  petition,  to  designate  and  fix 
a  day,  not  less  than  seven  nor  more  than  fifteen  days 
distant,  for  holding  an  election  in  said  city  or  town  for 
that  purpose  and  also  for  the  election  by  ballot,  at  the 


76  SCHOOL    LAWS. 

same  time,  of  a  board  of  six  school  directors  for  said 
city  or  town. 

Sec.  7090.  The  mayor  shall  cause  notice  of  said 
election  to  be  given  by  posting  notices  in  at  least  five 
public  places  in  said  city  or  town,  and  by  one  insertion 
in  such  newspapers  as  may  be  published  in  said  city  or 
town.  The  electors  of  said  election  desiring  to  vote  in 
favor  of  the  adoption  of  this  act  shall  have  written  or 
printed  on  their  ballots,  ''For  the  school  law,''  and 
those  opposed  thereto  shall  have  written  or  printed  on 
their  ballots,  "Against  the  school  law;"  and,  if  a  ma- 
jority of  the  ballots  cast  at  said  election  shall  be  ''For 
school  law,"  then,  and  in  that  case  only,  shall  such  city 
or  town  be  deemed  and  held  to  be  a  single  school  dis- 
trict under  and  in  pursuance  of  this  act,  and  the  direct- 
ors voted  for  and  elected  at  said  election  shall  qualify 
and  enter  upon  the  discharge  of  their  duties  as  herein- 
after provided,     lb.,  part  sec.  2. 

Sec.  7091.  On  the  third  Saturday  in  May,  1893, 
and  annually  thereafter,  an  election  shall  be  held  at  the 
usual  voting  place  in  each  ward  of  all  incorporated 
towns  and  cities  heretofore  organized  into  single  or  spe- 
cial school  districts,  for  the  election  of  two  directors, 
who  shall  serve  for  three  years,  and  until  their  suc- 
cessors are  elected  and  qualified.  The  ballot  of  the 
voter,  in  addition  to  the  names  of  the  persons  voted  for 
as  directors,  shall  have  written  or  printed  on  it  the 
words  "for  tax"  or  "against  tax,"  and  the  rate  the 
voter  desires  levied ;  Provided,  In  corporated  towns  and 
cities  of  the  second  class,  the  election  may  be  held  at  one 
or  more  of  the  voting  places  therein,  and  not  in  each 
ward,  if  the  board  of  directors  shall  so  direct  by  notice 
posted  in  three  public  places  in  said  city  or  town  ten 
days  before  the  election  designating  the  place  or  places 
at  which  said  election  shall  be  held. 

Sec.  7092.  Said  election  shall  be  held  by  the 
judges  appointed  to  hold  the  municipal  elections  in 
said  city  or  town  next  preceding  the  said  election,  for 
the  ward  or  wards  in  w^hich  said  election  may  be  held. 
The  judges  at  each  voting  place  shall  appoint  two 
clerks,  and  each  judge  and  clerk  shall  take  the  oath  re- 
quired by  law%  and  shall  receive  for  their  services  the 
sum  of  one  dollar  each,  to  be  paid  out  of  the  school 


SCHOOL    LAWS.  77 

fund  of  the  district  on  the  order  of  the  board  of  direct- 
ors. 

The  four  preceding  sections  are  to  determine  whether  the  spe- 
cial act  for  the  regulation  of  public  schools  in  cities  and  towns  shall 
be  adopted.  They  are  preliminary  to  organization.  They  require 
the  following  modus  operandi : 

1.  A  written  petition  of  twenty  votes  asking  that  the  sense  of 
the  legal  voters  be  taken  on  the  adoption  of  the  act. 

2.  The  mayor  must  fix  within  five  days  from  the  presentation 
of  said  petition  a  day  for  said  election. 

3.  Said  election  shall  be  not  less  than  seven  nor  more  than 
fifteen  days  from  the  date  of  the  proclamation. 

4.  Said  election  shall  also  determine  by  ballot  a  board  of  six 
directors. 

5.  The  mayor  must  promulgate  the  election  notices  by  posting 
and  by  printing  should  there  be  a  paper. 

6.  The  electors  must  vote  by  ballot  and  as  prescribed. 

7.  A  majority  of  all  the  votes  cast  are  necessary  to  make  said 
city  or  town  a  single  school  district. 

The  following  act  provides  how  all  vacancies  on  boards  in  spe- 
cial school  districts  are  filled: 

ACT  LVI. 

AN  ACT  to  give  notice  of  election  in  special  school 
districts  and  fill  vacancy  in  school  board. 
Section 

1.  Notice  of  annual  election  to  be  given  fifteen  days  prior  to 
election.     How. 

2.  Provides  for  filling  vacancy  on  board. 

3.  Repeals  all  laws  in  conflict.    Act  takes  effect  from  passage. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  oj 
Arkansas  : 

Section  1 .  When  any  special  school  district  has 
been  organized  as  provided  by  law,  the  board  of  direc- 
tors shall  give  notice  of  each  annual  election  at  least 
fifteen  days  previous  to  such  election,  by  posting 
notices  in  at  least  five  public  places  in  said  district. 

Sec.  2.  That  if  the  office  of  director  in  any  special 
school  district  shall  become  vacant,  the  remaining  di- 
rectors of  said  district  shall  elect  a  director  to  fill  such 
vacancy,  who  shall  serve  until  the  next  annual  election 
for  school  directors,  at  which  time  all  vacancies  shall 
be  filled  by  the  electors  for  the  unexpired  term. 

Sec.  ',i.  That  all  laws  and  parts  of  laws  in  conflict 
with  this  act  be  and  are  hereby  repealed,  and  that  this 
act  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  March  26,  1895. 


78  SCHOOL    LAWS. 

Sec.  7093.  The  judges  shall  cause  the  polls  to  be 
opened  at  9  o'clock  and  closed  at  sunset. 

Sec.  7094.  If  any  of  the  regular  judges  shall  fail 
to  appear  at  ten  o'clock,  the  assembled  voters,  not  less 
than  ten  in  number,  shall  select  other  judges  in  their 
places. 

Sec.  7095.  If  the  election  shall  be  held  in  all  the 
wards  of  the  city  or  town,  each  voter  shall  vote  in  the 
ward  where  he  resides;  Provided,  Voters  residing  in 
any  part  of  the  district  not  embraced  in  any  ward  may 
vote  at  any  place  he  may  deem  most  convenient. 

Sec.  7096.  The  returns  of  said  election  shall  be 
made  to  the  county  clerk,  who  shall  forthwith  deliver 
a  certificate  of  election  to  each  of  the  persons  elected 
directors. 

Sec.  7097.  He  shall  also  declare  the  result  of  the 
votes  for  and  against  tax,  and  certify  the  same  to  the 
county  court  on  the  first  day  of  the  term  fixed  by  law 
for  levying  county  taxes ;  and  the  rate  of  taxes  so  certi- 
fied shall  be  levied  by  the  court  as  other  school  taxes. 

Sec  7098.  Each  person  elected  director  shall 
take  the  oath  of  office  within  five  days  after  receiving  a 
certificate  of  election,  which  shall  be  filed  with  the 
county  clerk,  and  thereafter  during  his  term  of  office 
no  further  oath  nor  affidavit  shall  be  required  of  him 
in  the  discharge  of  his  official  duties. 

Sec  7099.  The  provisions  of  chapter  Ivii  shall 
have  no  application  to  the  elections  herein  provided 
for.     Act  April  10,  1893,  sees.  1-7. 

Sec  7100.  Said  board  of  directors  shall  organize 
by  choosing  from  their  own  number  a  president  and  sec- 
retary, who  shall  hold  their  offices  until  the  last  Satur- 
day in  May,  and  annually,  on  that  day,  said  board  shall 
meet  and  elect  from  their  number  a  president  and  sec- 
retary.    Act  Mmxh  21,  1895,  sec.  2. 

Sec  7101.  Said  board  of  directors  shall  hold  a  reg- 
ular meeting  on  the  last  Saturday  in  each  month,  and 
may  hold  stated  meetings  at  such  other  times  and 
places  in  said  district  as  they  may  appoint;  four  mem- 
bers of  said  board  shall  constitute  a  quorum,  but  a  less 
number  may  adjourn  from  time  to  time;  special  meet- 
ings thereof  may  be  called  by  the  president,  or  by  any 
two  members  of  the  board,  on  giving  one  day's  notice 


SCHOOL    LAWS.  79 

of  the  time  and  place  of  the  same,  and,  in  case  of  the 
absence  of  the  president,  a  president  pro  tempore  shall 
be  chosen.  The  office  of  any  member  of  said  board,  as 
such,  who  shall,  without  good  cause,  fail  to  attend 
three  consecutive  monthly  or  stated  meetings  of  said 
board,  may  be  declared  vacant  by  the  board.  The 
board  may  make  rules  and  regulations  for  their  own 
government  and  for  the  dispatch  and  regulation  of  the 
school  business  and  the  affairs  of  the  district,  not  in- 
consistent with  law.     Act  February  4,  1869,  sec.  4. 

Sec.  7102.  Said  board  of  directors  shall  have  power 
to  purchase  or  lease  school  house  sites,  to  build,  hire  or 
purchase  school  houses,  and  to  keep  in  repair  and  fur- 
nish the  same  with  the  necessary  seats,  desks,  furniture, 
fixtures  and  fuel,  and  to  insure  the  same;  to  fence  the 
school  grounds,  erect  out-houses,  provide  wells,  and 
make  all  other  improvements  on  the  school  house 
grounds  and  school  houses  belonging  to  said  district 
necessary  and  proper  for  the  comfort,  convenience  and 
health  of  the  scholars,  and  the  preservation  of  said 
property;  to  hire  teachers  for  all  public  schools  of  the 
district  (aa),  employ  a  superintendent  of  schools  {hh), 
who  may  also  be  principal  of  any  graded  or  high  school 
that  said  board  may  establish;  to  provide  books  and 
apparatus  for  the  schools,  and  the  necessary  blank 
books  and  stationery  for  the  board,  and  school  regis- 
ters and  the  blanks  for  the  teachers ;  to  establish  and 
maintain  a  sufficient  number  of  primary,  graded  or 
high  schools  to  accommodate  all  the  scholars  in  said 
district  (cc);  to  determine  the  branches  to  be  taught 
and  the  text-books  to  be  used  in  the  several  schools  of 
the  district  {dd)-,  to  admit  pupils  not  belonging  to  the 
district  on  such  terms  as  they  may  agree  upon  with  the 
parents  or  guardians  of  said  pupils,  or  the  district  from 
whence  they  came ;  to  appoint  a  board  of  three  visitors 

{aa.')    See  School  District  v,  Maury,  53-571. 

(66.)  The  power  to  employ  a  superintendent  is  not  limited  to  the 
term  of  office  of  the  board.     Gates  v.  School  District,  53-468. 

In  a  suit  for  salary  after  unlawful  discharge,  for  liability  of  board 
and  measure  of  damages,  see  Gates  v.  School  District,  57-370. 

(cc.)  But  no  tax  for  any  purpose  can  now  be  levied  by  the 
county  court  without  a  vote  of  the  electors  of  the  district.  Article 
24,  sec.  3,  Const.;  Cole  v.  Blackwell,  3S-271. 

(dd.)     See  sees.  6975,  7046. 


80  SCHOOL    LAWS. 

and  examiners  for  the  schools  of  the  district,  which 
board  shall  examine  persons  applying  to  teach  in  any  of 
the  schools  of  said  district ;  Provided,  No  teacher  shall 
be  employed  who  does  not  hold  a  certificate  from  the 
state  superintendent  or  county  examiner;  to  examine, 
from  time  to  time,  the  books  and  accounts  of  the 
county  treasurer,  so  far  as  the  same  relate  to  the  several 
school  funds  belonging  to  the  district;  and  when,  in 
the  opinion  of  a  majority  of  the  members  of  said  board, 
the  best  interests  of  the  district  demand  a  sale  or  ex- 
change of  any  real  estate  or  school  house  site  belonging 
to  thb  district,  they  may  sell  or  exchange  the  same,  the 
deed  therefor  to  be  executed  by  the  president  of  the 
board  upon  a  majority  vote  of  the  whole  board  of  di- 
rectors authorizing  and  directing  such  sale  or  exchange. 
J6.,  sec.  5. 

This  section  does  not  authorize  the  directors  to  substitute  their 
examination  for  that  of  the  examiner.  The  examiner's  rights  are 
superior  to  those  of  the  directors'.  He  should  examine  under  his 
oath,  and  license  or  refuse  to  license  as  his  judgment  decides,  and 
is  not  accountable  to  any  board  of  directors.  Nor  should  he  hold 
his  examination  in  connection  with  the  examination  of  the  board. 
His  work  should  be  entirely  separate  from  their  w^ork.  They  have 
the  right  to  examine,  but  not  to  interfere  in  any  particular  with  the 
examiner's  work.  Any  regulation  of  the  board  of  directors  which 
requires  the  examiner's  certificate  to  be  granted  only  after  an  exam- 
ination of  city  teachers  in  the  presence  of  examiners  appointed  by 
the  board  is  absolutely  nugatory  so  far  as  the  county  examiner  is 
concerned.  His  examinations  should  be  separate  from  and  entirely 
free  from  supervision  of  city  examiners. 

EXACTION  OP  FEES. 

Under  the  constitution  of  Georgia,  providing  that  public  schools 
shall  be  free  to  all  children,  a  municipal  public  school  established 
under  a  local  act  cannot  exact  incidental  fees  from  resident  scholars. 
Irvin  V.  Gregory,  86  Ga.,  605. 

The  following  opinion  of  the  attorney  general  should  be  care- 
fully considered: 

"In  answer  to  your  inquiries,  I  have  the  honor  to  say  that,  in 
my  opinion,  section  7043  applies  as  well*  to  special  or  single  school 
districts  as  to  ordinary  common  school  districts. 

"I  am  also  of  the  opinion  that  it  applies  to  the  superintendent 
of  schools  in  such  special  districts,  provided  he  is  to  act  as  a 
teacher;  otherwise  not. 

''I  am  also  of  the  opinion  that  said  section  is  mandatory  upon 
the  directors;  but  I  do  not  believe,  nor  mean  to  be  understood  as 
saying,  that  a  verbal  contract  made  with  a  qualified  teacher  would 
be  void  because  not  in  writing." 

The  following  decision  of  the  supreme  court  interprets  the  law 
very  clearly: 


SCHOOL  LAWS.  81 

REMOVAL  OF  A^  TEACHER  FOR  INCOMPETENCY, 

Under  sections  7102  and  7103,  which  enjoin  the  board  of  school 
directors  to  hire  suitable  teachers;  to  enforce  all  necessary  rules 
for  the  government  of  teachers  and  pupils ;  and  to  visit  the  schools 
and  observe  the  discipline  and  progress  of  the  pupils,  the  board 
has  the  power  to  remove  a  teacher  for  incompetency  and  for  im- 
morality; and  tTC  fact  that  the  teacher  has  been  duly  licensed  by 
the  county  examiner,  and  that  the  latter  has  failed  to  revoke  the 
license  as  he  is  empowered  to  do  by  section  7013,  is  not  conclusive 
on  the  board  as  to  competency  or  morality  of  the  teacher. 

See  Dist.  of  Fort  Smith  v.  Mansy,  53  Ark.,  471. 
The  fact  that  the  board  has  tolerated  the  teacher's  misconduct 
and  inefficiency  for  a  time  does  not  operate  as  a  waiver  of  its  right 
to  discharge  him  therefor,  as  the  teacher's  undertaking  to  perform 
his  duty  in  a  moral  and  skilful  manner  is  assumed  for  the  benefit  of 
the  school,  its  pupils,  and  patrons,  and  not  for  the  benefit  of  the 
board. 

School  District  of  Fort  Smith  v.  Mansy.  53  Ark.,  471. 
The  following  decision  is  so  sound  that  it  is  introduced  here  as 
a  guide  to  directors  of  this  state : 

'^Non-residents,  In  a  local  statute  authorizing  the  establish- 
ment of  public  schools  in  a  town,  a  provision  that  the  local  board 
may  admit  pupils  not  residents  of  the  town  on  such  terms  as  the 
board  may  prescribe  terms  which  would  cast  upon  the  town  or  its 
inhabitants  any  part  of  the  expense  of  educating  non-resident  pu- 
pils. Such  pupils  cannot  be  received  at  a  less  rate  per  scholar  than 
the  inhabitants  of  the  town  pay  by  taxation  for  their  children,  nor 
can  they  be  received  at  all  to  the  exclusion  of  resident  children  who 
would  otherwise  attend." 

Irvin  V.  Gregory,  86  Ga.,  605. 

Sec.  710*^.  It  shall  be  the  duty  of  said  board, 
as  soon  as  the  means  for  that  purpose  can  be  pro- 
vided, to  establish  in  said  district  an  adeqate  num- 
ber of  primary  schools,  so  located  as  best  to  accommo- 
date the  inhabitants  thereof;  and  it  shall  be  the  fur- 
ther duty  of  said  board  to  establish  in  said  district  a 
suitable  number  of  other  schools  of  a  higher  grade  or 
grades,  wherein  instruction  shall  be  given  in  such 
studies  as  may  not  be  provided  for  in  the  primary 
schools;  the  number  of  schools,  the  grades  thereof, 
and  the  branches  to  be  taught  in  each  and  all  of  said 
schools  to  be  determined  by  said  board.  It  shall  be 
the  duty  of  said  board  to  keep  said  schools  in  operation 
not  less  than  three  nor  more  than  ten  months  in  each 
year.  The  said  board  shall  have  power  to  make  and 
enforce  all  necessary  rules  and  regulations  for  the  gov- 
ernment of  teachers  and  pupils  in  said  schools.  Said 
board  shall  also,  separately  or  collectively,  together 
with  such  persons  as  they  may  appoint  or  invite,  visit 
the  schools  in  the  district  at  least  twice  in  each  year. 


82  SCHOOL    LAWS. 

and  observe  the  discipline,  mode  of  teaching,  progress 
of  the  pupils,  and  see  that  the  teachers  keep  a  correct 
register  of  the  pupils,  embracing  the  periods  of  time 
during  which  they  attend  school,  the  branches  taught, 
and  such  other  matters  as  may  be  required  by  law  or 
by  the  instructions  of  the  state  superintendent.  Ih., 
sec.  6. 

Sec.  7104.  No  draft  or  warrant  shall  be  drawn 
on  the  county  treasurer,  except  in  pursuance  of  an 
order  of  said  board ;  all  drafts  or  warrants  on  the  treas- 
urer shall  be  signed  by  the  president,  or  president  pro 
tempore,  and  the  secretary,  and  shall  specify  the  fund 
on  which  they  are  drawn  and  the  use  for  which  th© 
money  is  assigned.     lb.,  sec.  8. 

Sec.  7105.  The  secretary  shall  record  all  the  pro- 
ceedings of  the  board  in  books  kept  for  that  purpose ; 
shall  make  and  preserve  copies  of  all  reports  required 
by  law  to  be  made  to  the  state  superintendent  of  public 
instruction  or  county  examiner;  shall  file  all  papers 
transmitted  to  him  pertaining  to  the  business  of  the 
district;  shall  make,  or  cause  to  be  made,  the  annual 
enumeration  of  the  youth  of  the  district  in  the  time 
and  manner  required  by  law  of  school  directors,  and 
shall  perform  such  other  duties  as  the  board  of  direc- 
tors may  order  and  direct ;  and  for  his  services  may  be 
allowed  reasonable  compensation,  to  be  audited  and  al- 
lowed by  a  majority  of  said  board.  The  other  mem- 
bers of  said  board  shall  receive  no  compensation  for 
their  services.     lb  ,  sec.  9. 

Sec.  7106.  The  title  of  all  real  estate  and  other 
property  belonging,  for  school  purposes,  to  any  city  or 
town  organized  into  a  separate  school  district  under 
this  act,  shall  vest,  and  hereby  is  vested,  in  said  city  or 
town,  as  a  school  district,  and  shall  be  under  the  man- 
agement and  control  of  the  board  of  school  directors 
for  said-  district  as  fully  and  completely  as  other  school 
property  belonging  to  said  district.     lb.,  sec.  10. 

Sec.  7107.  All  school  districts  formed  under  and 
governed  by  this  act  shall  be  known  by  the  name  of 
the  city  or  town  constituting  the  district,  with  the 
words  '^School  District  of  prefixed  thereto  fas,  for 
example,  ''School  District  of  Little  Eock'O;  and  by 
such  name,  may  sue  and  be  sued,  contract  and  be  con- 


SCHOOL    LAWS.  83 

traeted  with,  purchase,  acquire,  hold  and  sell  property, 
receive  gifts,  grants  and  bequests,  and  generally  shall 
possess  and  enjoy  all  the  corporate  powers  usually 
possessed  by  bodies  corporate  of  like  character.  The 
style  of  the  board  of  directors  for  school  districts  under 
this  act  shall  be  ^' Board  of  School  Directors.^'  Ih,, 
sec.  11. 

Sec.  7108.  The  board  of  school  directors  of  any 
district  organized  under  this  act  shall  pay  and  discharge 
all  debts  and  liabilities  lawfully  incurred  by  the  several 
school  districts  existing  under  previous  law  and  em- 
braced in  the  district  organized  under  this  act.  Ih.^ 
sec.  12. 

Sec.  7109.  Any  person  elected  a  director  under 
the  provisions  of  this  act  who  shall  fail  to  take  the  oath 
of  office  and  qualify  as  herein  required,  or  who,  after 
quahfying  as  such  director,  shall  fail  to  perform  and 
discharge  the  official  duties  incumbent  upon  him  as  a 
director,  shall  be  liable  to  the  same  penalties  that  now 
are  or  may  be  hereafter  provided  by  law  against  direct- 
ors of  school  districts  for  failing  or  refusing  to  qualify, 
or  for  neglect  of  official  duty.     Ih.,  sec.  13. 

Sec.  7110.  The  board  of  directors  may  fix  the 
term  of  .office  and  define  the  duties  of  the  board  of  visi- 
tors and  examiners  of  the  public  schools  in  their  dis- 
trict, and  any  person  appointed  by  the  board  of  direct- 
ors a  member  of  said  board  of  visitors  and  examiners 
who  shall  refuse  to  act  as  such,  and  discharge  the  du- 
ties pertaining  to  such  position,  shall  forfeit  and  pay  to 
said  district  the  sum  of  twenty-five  dollars,  to  be  re- 
covered in  civil  action  in  the  name  of  said  district,  and 
added  to  the  terchers'  fund  belonging  to  said  district. 
Provided,  No  person  shall  be  compelled  to  serve  in  that 
capacity  more  than  three  consecutive  years.  Said 
board  of  visitors  and  examiners  shall  receive  no  com- 
pensation for  their  services.     Ib.ySec.  14. 

Sec.  7111 .  All  school  districts  organized  under 
this  act  shall  have  and  receive  their  full  proportion  and 
distributive  share  of  the  general  school  fund  of  the 
state,  in  the  same  manner  and  according  to  the  same 
rule  as  it  is  or  may  be  apportioned  to  other  districts. 
lb.,  sec.  15. 


84  SCHOOL    LAWS. 

Sec.  711*2.  It  shall  be  the  duty  of  the  state  super- 
intendent and  county  examiners  to  make  such  suggest- 
ions and  recommendations  to  the  board  of  directors  in 
relation  to  organizing  and  conducting  the  public  schools 
in  the  districts  organized  under  this  act  as  they  shall 
deem  important. 

Sec.  7113.  The  provisions  of  the  general  school 
laws  of  the  state  which  are  now  or  may  hereafter  be  in 
force,  when  not  inapplicable,  and  so  far  as  the  same  are 
not  inconsistent  with  and  repugnant  to  the  provisions 
of  this  act,  shall  apply  to  districts  organized  under  this 
act;  and  such  provisions  of  said  laws  are  inconsistent 
with  and  repugnant  to  the  provisions  of  this  act  and 
inapplicable  to  districts  organized  thereunder,  shall 
have  no  operation,  force  or  effect  in  such  districts. 
The  county  court  shall  annex  contiguous  territory  to 
single  school  districts  under  the  provisions  of  this  act, 
when  a  majority  of  the  legal  voters  of  said  territory 
and  the  board  of  directors  of  said  single  district  shall 
ask,  by  petition,  that  the  same  shall  be  done.  Ih. ,  sees. 
16  and  17, 

II— SCHOOL  LANDS  {ee), 

Sec.  7114.  Whenever  the  inhabitants  of  any  con- 
gressional township  in  this  state  shall  desire  the  sale  of 
che  sixteenth  section  of  such  township,  or  of  any  lands 
substituted  therefor,  or  any  which  have  been  or  may  be 
mortgaged  to  the  state  of  Arkrnsas  for  the  use  of  the 
school  fund,  which  after  foreclosure  and  sale  have  been 
stricken  off  to  the  state  of  Arkansas;  they  may,  by 
written  petition,  signed  by  a  majority  of  the  male  in- 
habitants of  such  township,  require  the  collector  of 
taxes  of  the  county  wherein  such  land  is  situated  to  sell 
the  same.     Act  April  14,  1893. 

Sec.  7115.  Upon  the  reception  of  such  petition, 
the  collector  shall  ascertain  that  it  is  signed  by  a  ma- 
jority of  the  male  inhabitants  of  such  township  and  shall 

(ee.)  Directors  can  confer  no  authority  to  cut  timber  on  school 
lands,  and  one  who  does  so  by  their  authority,  under  an  agreement 
with  them  to  pay  the  value,  commits  a  trespass  for  which  he  may 
be  sued  by  the  state.  Widner  v.  State,  49-172.  The  legal  title  to 
school  lands  is  in  the  state,  and  a  school  district  can  not  maintain 
an  action  for  such  lands.  lb.;  School  District  v.  Driver,  50-346.. 
See  State  v.  Morgan,  52-150. 


SCHOOL    LAWS,  85 

immediately  proceed  to  divide  the  land  into  40-acre  tracts, 
and  after  making  such  division,  a  statement  or  plat  of 
same  and  a  number  of  each  tract  shall  be  made  so  that 
the  boundaries  may  be  defined  and  ascertained,  which 
statement  or  plat  of  the  sections  shall  be  used  as  a  guide 
in  advertising  and  selling  said  lands.  Provided,  The 
collector  may,  when  necessity  requires  it,  call  the 
county  surveyor  of  his  county  to  assist  in  such  survey 
and  division,  and  he  shall  be  allowed  and  paid  out  of 
the  funds  arising  from  the  sale  of  such  school  lands  by 
said  collector  such  compensation  as  he  is  allowed  by 
law  for  similar  sendees,  and  the  receipts  of  such  sur- 
veyor to  said  collector  shall  be  a  sufficient  voucher  for 
the  money  so  paid. 

Sec.  7116.  In  subdividing  the  sixteenth  section 
lands  for  sale,  no  tract  shall  contain  more  than  forty 
acres,  and  the  division  may  be  made  into  town  or  city 
lots  with  roads,  streets  or  alleys  between  them. 

Sec.  7117.  The  collector  shall  cause  each  tract  or 
sub-division  of  such  school  land  to  be  appraised  at  a 
fair  value  by  three  disinterested  householders  of  the 
county,  each  of  whom  shall  take  an  oath  which  shall  be 
indorsed  upon  the  appraisement  that  he  does  not  de- 
sire or  intend  to  buy  said  land  or  any  part  thereof,  and 
that  he  will  not  directly  or  indirectly  be  or  become  in- 
terested in  the  purchase  thereof  at  the  sale  to  be  made 
by  the  collector;  such  appraisement  shall  be  returned 
to  the  collector. 

Sec.  7118.  The  collector  shall  then  give  notice 
that  he  will  sell  said  school  lands  at  the  court  house 
door  of  the  county  on  the  first  day  of  the  next  term  of 
the  county  court  upon  the  terms  prescribed  by  law. 
such  notice  shall  be  published  in  some  newspaper  pub- 
lished in  the  county  where  the  land  is  situated  at  least 
four  weeks  before  the  day  of  sale.  If  there  be  no  news- 
paper published  in  said  county,  then  the  collector  shall 
post  up  written  notices  in  at  least  six  of  the  most  public 
places  of  the  county  four  weeks  before  the  day  of  sale. 

The  collector  shall  also  in  either  case  put  up  a  copy 
of  the  notice  upon  the  school  house  situated  on  the  land, 
if  there  be  one  thereon;  if  not,  at  the  most  public  place 
on  the  land. 


86  SCHOOL    LAWS. 

Sec.  7119.  Upon  the  day  of  sale  the  collector  shall 
offer  the  lands  at  public  auction  in  separate  subdivisions, 
beginning  with  number  one  and  ending  with  the  last 
mentioned  division.  Such  sale  shall  be  made  between 
the  hours  of  12  m.  and  3  p.  m.,  but  may  be  continued 
from  day  to  day  at  the  same  place  and  between  the  same 
hours  until  all  have  been  sold  or  offered.  The  sale  shall 
be  made  for  cash.  If  any  bidder  shall  fail  to  perfect 
his  bid  by  paying  the  cash,  the  collector  shall  immedi- 
ately resell  the  land  and  the  bidder  shall  be  responsible 
for  the  difference  between  his  bid  and  the  price  at  which 
the  land  sold,  which,  may  be  recovered  from  him  by 
the  collector,  in  action  for  the  use  of  the  township,  and 
the  collector,  shall,  if  necessary,  at  once  institute  suit 
against  such  bidder  to  recover  the  amount  of  difference 
between  his  bid  and  the  price  at  which  the  land  sold. 
No  tract  or  such  division  shall  be  sold  for  less  than 
three-fourths  of  its  appraised  value.  Provided,  No  tract 
or  subdivision  of  the  sixteenth  section  lands  shall  be 
sold  at  a  less  price  than  one  dollar  and  twenty-five  cents 
per  acre.  If  any  tract  offered  is  not  sold  it  may  be  of- 
fered again  upon  like  notice,  upon  the  first  day  of  the 
next,  or  any  succeeding  term  of  the  county  court,  and 
so  on  until  sold  without  a  new  petition. 

Sec.  7120.  The  collector  shall,  without  delay,  re- 
port all  sales  to  the  county  court,  which  may  reject  or 
confirm  the  same.  If  any  sale  be  rejected,  the  county 
court  may  direct  the  collector  to  again  advertise  and 
offer  the  land,  and  may  specify  the  minimum  price  at 
which  the  tract  or  tracts  may  be  sold,  not  to  be  less 
than  two-thirds  of  its  appraised  value.  Provided,  No 
tract  or  subdivision  of  the  sixteenth  section  lands  shall 
be  sold  at  a  less  price  than  one  dollar  and  twenty-five 
cents  per  acre.  If  the  sale  be  confirmed  by  the  county 
court  the  collector  shall  execute  and  deliver  to  the  pur- 
chaser a  certificate  in  the  following  form : 

I collector  in  and  for  the  county 

of ,  state  of  Arkansas,  certify  that 

has  purchased of  section ,  in  township 

,  range ,  containing acres 

at  $ dollars  per  acre,  and  has  paid  to  me  in  full 

the  sum  of  $ dollars.     The  expense  of  the 

sale  was: 


SCHOOL    LAWS.  87 

Cost  of  advertising,  $ 

Cost  of  order  of  confirmation,  $ 

Cost  of  rejection  of  prior  sale,  $ 

Surveyor's  fee  (if  any),  $ 

Collector's  commission,  ....  per  cent.,  $ 

Leaving  a  net  balance  of  $ in  my  hands 

due  the  sixteenth  (16)  section  fund  account  of  this 
county. 

Now,  therefore,  upon  the  presentation  of  this  cer- 
tificate to   the  commissioner  of  state  lands,  the  said 

his  heirs  or  assigns,  shall 

be  entitled  to  a  deed  from  said  commissioner  of  state 
lands  for  the  tract  or  land  above  described. 


Collector  of county. 

In  all  cases  proper  orders  of  confirmation  or  rejec- 
tion shall  be  entered  on  record  by  the  county  court. 

Sec.  7121.  Out  of  the  money  received  by  the  col- 
lector for  the  sale  or  sales  of  the  sixteenth  section  lands, 
he  shall  pay  the  cost  of  advertising,  cost  of  confirma- 
tion order,  cost  of  rejection  of  sale  (if  any),  surveyor's 
fees  (if  any),  and  he  may  retain  for  his  services  two 
per  cent,  of  the  gross  amount  received  by  him  for  the 
sale  of  such  land;  the  residue  of  the  money  received 
for  the  sale  of  said  land,  after  deducting  the  expenses  as 
are  above  provided  for,  he  shall  at  once  transmit  to  the 
treasurer  of  state,  who  shall  place  the  amount  to  the 
credit  of  the  county's  sixteenth  section  fund  to  which  it 
rightfully  belongs. 

Sec.  7122.  The  county  clerks  of  the  several  coun- 
ties in  this  state  shall  examine  carefully  and  closely  the 
tax  books  of  their  respective  counties  and  ascertain  what 
person  or  persons  are  paying  taxes  on  any  part  or  parts 
or  the  whole  of  the  sixteenth  section  lands,  and  it  shall 
be  the  further  duty  of  the  county  clerks  after  ascertain- 
ing from  the  tax  books  the  names  of  any  person  or  per- 
sons paying  taxes  on  any  of  the  sixteenth  section  lands, 
and  the  number  of  said  lands,  to  examine  the  record  of 
deeds  and  find  by  what  authority  and  whether  any  title 
or  titles  vest  in  said  person  or  persons  in  whose  name 
or  names  said  lands  are  assessed,  and  shall  on  or  before 
the  first  Monday  in  September,  eighteen  hundred  and 
eighty-five,  make  and  forward  to  the  commissioner  of 


88  SCHOOL    LAWS. 

state  lands  a  full  and  complete  statement  of  the  exact 
status  and  condition  of  all  of  the  sixteenth  section  lands 
in  their  respective  counties.  The  county  clerks  shall 
be  allowed  the  sum  of  forty  dollars  each  for  their  ser- 
vices in  making  this  report,  and  it  shall  be  paid  to  them 
by  their  respective  counties. 

Sec.  7123.  The  county  clerks  of  the  several  coun- 
ties in  this  state  shall  keep  in  a  well-bound  book,  pro- 
vided for  that  purpose,  correct  and  accurate  accounts 
with  each  and  every  township  in  their  several  counties, 
which  may  be  entitled  to  any  of  the  funds  under  this 
act,  and  shall  immediately  after  each  and  every  sale 
of  any  part  of  said  sixteenth  sections  certify  to  tne  audi- 
tor of  state  the  amount  of  moneys  received  by  such  col- 
lectors on  account  of  such  sales,  and  the  auditor  shall 
thereupon  charge  the  same  to  such  collector. 

Sec.  7124.  A  neglect,  failure  or  refusal  by  any 
county  clerk  to  perform  any  and  all  duties  enjoined 
upon  him  by  the  provisions  of  this  act,  shall  be  deemed 
a  misdemeanor,  and,  upon  conviction  thereof,  such 
clerk  shall  be  fined  in  any  sum  not  less  than  one  hun- 
dred dollars,  nor  more  than  five  hundred  dohars,  for 
each  offense,  and  may  be  removed  from  office. 

ACT  LX. 

AN  ACT  to  amend  section  7114  of  Sandels  &  Hill's 
Digest  of  the  Statutes  of  Arkansas  and  for  other 
purposes. 

Section 

1 .  Sixteenth  section  or  equivalent  lands  may  be  sold  upon 

petition  of  majority  of  voters. 

2.  Sheriff  vested  with  powers  of  collector  for  purposes  of 

this  act. 

3.  Jlepeals  laws  in  conflict.    Act  takes  effect  from  passage. 

Be  it  enacted  hy  the  General  AssemUy  of  the  State  oj 
Arkansas  : 

Section  1 .  Whenever  the  inhabitants  of  any  con- 
gressional township  in  this  state  shall  desire  the  sale  of 
the  sixteenth  section  of  such  township,  or  of  any  lands 
substituted  therefor,  or  any  which  have  been  or  may  be 
mortgaged  to  the  state  of  Arkansas  for  the  use  of  the 
school  fund,  which  after  foreclosure  and  sale  have  been 
stricken  off  to  the  state  of   Arkansas,    they   may,    by 


SCHOOL    LAWS.  89 

written  petition  signed  by  a  majority  of  the  adult  male 
inhabitants  of  such  township,  require  the  collector  of 
taxes,  or  if  there  be  no  collector,  then  the  sheriff  of  the 
county  wherein  such  land  is  situated,  to  sell  the  same. 

Sec.  2.  That  for  the  purpose  of  making  sales  of 
any  of  the  lands  mentioned  in  the  preceding  section, 
the  sheriff  is  hereby  vested  with  all  powers  now  con- 
ferred by  law  upon  collectors. 

Sec.  3.  That  all  laws  and  parts  of  laws  in  conflict 
herewith  are  hereby  repealed,  and  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  March  26,  1895. 

HOUSE  MEMORL\L  NO.  1. 

Resolved  htf  the  Seriate  and  House  of  Representatives  of 
the  State  of  Arkansas : 

That  our  senators  in  congress  be  instructed  and  our 
representatives  requested  to  use  all  their  influence  with 
the  congress  of  the  United  States  so  as  to  change  and 
modify  the  compact  entered  into  between  the  United 
States  and  the  state  of  Arkansas  with  regard  to  the 
' 'sections  of  land  numbered  sixteen  in  every  township," 
and  when  such  section  has  been  sold  or  otherwise  dis- 
posed of,  other  lands  equivalent  thereto,  and  as  con- 
tiguous as  may  be  "and  granted  to  the  state  for  the  use 
of  the  inhabitants  of  such  township  for  the  use  of  the 
schools,"  so  that  the  said  lands  or  any  funds  now  on 
hand  derived  from  the  sale  or  lease  of  same  may  be  ap- 
portioned by  the  state  to  common  school  purposes  for 
the  promotion  of  education  in  said  state.  And  that 
the  governor  transmit  to  our  senators  and  representa- 
tives, respectively,  a  copy  of  this  resolution. 

Approved  March  26,  1895. 

COLLECTION  OF  CLAIMS  DUE  COMMON  SCHOOL  FUND. 

Sec.  7125.  The  attorney  general  of  the  state  of 
Arkansas  is  authorized  and  instructed  to  employ  com- 
petent attorneys  residing  in  the  counties  in  which  the 
lands  are  situated  to  collect  all  claims  and  notes  due 
the  school  fund  arising  from  the  sale  of  the  sixteenth 
section  lands.  Before  taking  charge  of  any  such  notes 
or  claims,  each  of  said  attorneys  shall  be  required  to 
give  bond  for  the  faithful  keeping,  collecting  and  ac- 


90  SCHOOL    LAWS. 

counting  for  same,  as  provided  for  in  this  act,  in  double 
the  sum  of  the  amount  supposed  to  come  into  his 
hands,  and  such  security  as  shall  be  approved  by  the 
circuit  judge  of  the  judicial  circuit  in  which  said  attor- 
ney resides,  and  such  bond  when  approved  shall  be 
be  filed  with  the  commissioner  of  state  lands,  and  the 
commissioner  of  state  lands  shall,  when  such  bond  has 
been  filed  with  him,  turn  over,  or  caused  to  be  turned 
over,  to  the  said  attorney  all  notes  and  claims 
due  the  school  fund  pertaining  to  he  sixteenth 
section  lands.  Said  attorneys  may  retain,  as  fees 
for  collection  ten  per  cent  of  the  gross  amount 
collected  by  them  under  the  provisions  of  this 
^^^  iff)/  The  remainder  of  said  gross  amount,  after 
deducting  their  fees,  as  above  provided  for,  shall  be  by 
said  attorneys  transmitted  without  delay  to  the  treas- 
urer of  state,  who  shall  place  the  same  to  the  credit  of 
the  sixteenth  section  fund  of  the  county  to  which  it 
rightfully  belongs,  and  said  attorneys  shall  prepare  and 
forward  to  the  commissioner  of  state  lands  a  statement 
for  each  and  every  collection  made  by  them,  setting 
forth  the  name  of  the  maker  of  the  note  or  claim,  the 
date  of  same,  the  dates  of  all  previous  payments  (if 
any)  made  on  such  note  or  claim. 

Sec.  7126.  All  moneys  paid  into  the  state  treas- 
ury arising  from  the  sale  or  the  collection  of  notes  and 
claims  pertaining  to  the  sixteenth  section  lands,  shall 
be  by  the  state  treasurer  placed  to  the  credit  of  the 
county ^s  sixteenth  section  fund,  to  which  said  moneys 
may  rightfully  belong,  and  the  treasurer  of  state  shall, 
for  each  payment  to  him  on  account  of  the  sixteenth 
section  fund,  issue  triplicate  receipts,  one  of  which  re- 
ceipts shall  be  filed  with  the  auditor  of  state,  one  filed 
with  the  commissioner  of  state  lands  and  one  given  to 
the  party  making  payment. 

Sec.  7127.  The  treasurer  of  state  shall,  by  and 
under  direction  of  the  board  of  commissioners  of  the 
common  school  fund,  as  soon  as  practicable  after  the 
receipt  of  any  moneys  paid  into  the  state  treasury  on 
account  of  the  sixteenth  section  fund,  invest  the  same 
in  either  United  States  bonds  or  bonds  of  the  State  of 
Arkansas,  and  as  interest  accrues  on  said  investment 

Cf)  See  Wallace  v.  State,  54-611. 


SCHOOL    LAWS.  91 

he  shall  collect  the  same  and  place  to  the  credit  of  the 
respective  counties'  sixteenth  section  fund  accounts 
such  interest  on  said  investment,  in  the  proportion  to 
which  each  county  is  properly  entitled. 

Sec.  7128.  The  interest,  accruing  to  the  several 
counties  and  townships,  that  may  hereafter  be  in  the 
state  treasury,  shall  be  drawn  out  of  the  treasury  in  the 
same  manner  as  now  provided  by  law  for  drawing 
other  funds  due  counties,  and  when  drawn  shall  be  ac- 
counted for  by  the  county  treasurer  in  the  same  man- 
ner as  for  other  county  funds  thus  drawn,  and  the 
county  court  shall  distribute  and  set  apart  to  the 
proper  townships  all  such  sums  and  funds  as  shall  be 
due  such  township,  either  from  the  sales  of  sixteenth 
sections  in  such  townships  or  from  collections  of  notes 
belonging  thereto. 

Sec.  7129.  All  notes,  claims,  bonds,  papers  or 
evidences  of  debt  belonging  to  the  school  fund,  arising 
from  the  sale  or  sales  of  the  sixteenth  section  lands,  in 
the  hands  of  county  collectors  or  other  persons,  shall 
be,  within  ninety  days  after  the  passage  of  this  act, 
turned  over  to  the  commissioner  of  state  lands. 

Sec.  7130.  All  county  treasurers,  collectors,  or 
other  persons,  having  in  their  possession  any  funds 
arising  from  the  sale  or  sales  of  the  sixteenth  section 
lands,  shall,  within  ninety  days  after  the  passage  of 
this  act,  pay  the  same  into  the  state  treasury,  and  the 
state  treasurer  shall  place  the  same  to  the  credit  of  the 
respective  counties'  sixteenth  section  fund  accounts  to 
which  said  funds  do  rightfully  belong. 

Sec.  7131.  That  upon  the  presentation  to  the  com- 
missioner of  state  lands  of  any  certificate  of  purchase 
as  specified  in  section  7120  the  commissioner  shall  exe- 
cute to  the  purchaser  a  deed  for  the  lands  therein  des- 
cribed and  shall  keep  a  full  and  complete  record  of  all 
such  sales  and  of  the  deeds  so  issued,  and  it  shall  be 
the  further  duty  of  the  commissioner  of  state  lands  to 
keep  as  correct  records  of  sale  or  sales  of  the  sixteenth 
section  lands  as  the  reports  made  to  him  from  time  to 
time  may  enable  him  to  do.  Act  March  31,  1885,  sees. 
2-18. 


92  SCHOOL    LAWS. 

PATENTS  {gg). 

Sec.  7132.  When  the  purchaser  of  any  portion  of 
the  common  school  lands  has  heretofore  assigned,  or 
may  hereafter  assign,  the  certificate  of  purchase  of 
such  land,  the  title  thereof  may  be  made  directly  to  the 
last  assignee  of  such  certificate  of  purchase,  upon  full 
payment  of  all  the  purchase  money  and  interest  due  on 
said  land.     Act  April  12,  1869,  sec.  10. 

Sec.  7133.  If  any  person  who  shall  have  pur- 
chased any  portion  of  the  sections  of  school  lands  from 
the  collector  of  any  of  the  counties  of  this  state,  and 
paid  one-fourth  the  purchase  money  therefor,  and  re- 
ceived a  bond  for  title  from  such  collector,  shall  die  be- 
fore such  payment  is  fully  made,  and  the  executor,  ad- 
ministrator, guardian  or  legal  representative  of  such  de- 
ceased person  shall  pay  or  cause  to  be  paid  the  balance, 
if  any,  that  shall  be  due  to  the  collector  on  said  pur- 
chase, upon  the  certificate  of  the  collector  of  the  proper 
county  that  the  whole  of  the  purchase  money,  with  all 
the  interest  due  thereon,  has  been  fully  paid,  the  com- 
missioner of  state  lands  shall  forthwith  execute  a  deed, 
as  is  now  required  by  law,  to  the  heirs  at  law  of  such 
deceased  person  {lih).  lb.,  sec.  11,  as  amended  act 
February  16,  1885. 

Sec.  7134.  The  land  thus  conveyed  to  the  heirs 
shall  stand  charged  with  the  amount  of  money  ne- 
cessarily advanced  to  the  school  fuiid,  in  order  to  pro- 
cure title,  and  shall,  in  other  respects,  be  chargeable 
with  the  rights  and  incumbrances  that  would  have  at- 
tached had  it  descended  regularly  to  the  same  heirs.  lb. 

Sec.  7135.  All  patents  issued  for  sixteenth  sec- 
tion, or  any  part  thereof,  or  common  school  land  dur- 
ing the  war  between  the  states  and  all  the  official  acts 
of  the  officers  of  this  state,  in  regard  to  such  lands,  dur- 
ing the  said  war,  and  also  all  deeds  made  by  the  com- 
mon school  commissioners  of  the  several  counties  in 
compliance  with  an  act  of  the  legislature  of  the  state, 
entitled,  "An  act  to  relieve  certain  citizens  of  Arkan- 
sas who  purchased  school  lands, '^  passed  March  4, 1867, 
are  hereby  confirmed,  ratified  and  made  valid,  and  full 

{gg.}    See  State  v.  Morgan,  52-150. 
(hh.)     See  section  7138. 


SCHOOL    LAWS.  93 

faith  and  credit  shall  be  ^iven  to  said  patents,  deeds 
and  official  acts  in  all  the  courts  of  this  state.  Pro- 
vided, Nothing  herein  shall  be  construed  to  prevent  the 
setting  aside  of  any  of  said  deeds  or  patents  for  actual 
fraud  or  mistake. 

Sec.  7136.  Any  right,  title  or  interest  which  the 
state  of  Arkansas  may  have  acquired,  or  holds  by  vir- 
tue of  any  judgment,  decree,  execution  or  sale  of  any 
court  in  this  state,  in  lands  for  which  patents  or  deeds 
have  been  made  and  issued  as  mentioned  in  section 
7135,  is  hereby  vested  in  the  proper  owners  thereof  un- 
der such  deeds  or  patents. 

Sec.  7137.  The  attorney  representing  the  state  of 
Arkansas  is  hereby  instructed  and  required  to  dismiss 
all  suits  now  pending  for  school  lands  where  patents  or 
deeds  have  been  made  therefor,  as  specified  in  section 
7135,  or  if  it  does  not  appear  on  the  face  ot  the  plead- 
ings filed  that  such  patents  or  deeds  have  been  made, 
then  the  patent  or  deed  may  be  pleaded  in  bar  of  the 
suit,  or  the  court  may  dismiss  the  suit  on  exhibition 
and  profert  of  such  deed  or  patent,  and  where  judg- 
ment or  decree  have  been  entered,  and  sale  ha^  not  been 
made,  the  state's  attorney  shall  enter  satisfaction  in  full 
thereof  on  the  presentation  to  him  of  such  deed  or 
patent. 

Sec.  7138.  If  any  purchaser  of  school  lands  shall 
have  paid  the  purchase  money  thereof,  and  received  no 
deed  or  patent  therefor,  or  if  any  person  now  owing  for 
school  lauds  bought  shall  hereafter  pay  out  his  indebt- 
edness therefor,  and  shall  produce  to  the  commissioner 
of  state  lands  satisfactory  evidence  of  such  payment, 
the  commissioner  of  state  lands  is  authorized  and  re- 
quired to  execute  to  such  person,  or  to  his  legal  repre- 
sentative, a  deed  conveying  all  the  right,  title  and  in- 
terest of  the  state  of  Arkansas  in  such  lands;  but  if 
payment  has  not  been  made  before  suit  is  begun,  the 
purchaser  shall  also  pay  the  costs  of  the  suit.  Act  Be- 
ceniher  14,  1875,  as  amended  hy  act  March  SI,  1885,  sec. 
18,  and  act  oj  February  16,  1885^  sec.  2. 

lease  of  school  lands. 

Sec.  7139.  All  school  lands  in  any  county  in  thia 
state  susceptible  of  cultivation  shall  be  leased  by  the 


94  SCHOOL    LAWS. 

county  collector  of  said  county  from  the  first  to  the 
tenth  of  January  in  each  year.  Act  April  12^  1869, 
sec.  12. 

Sec.  7140.  The  manner  and  terms  of  leasing  said 
lands  shall  be  by  public  outcry  to  the  highest 
bidder,  the  lessee  paying  one-half  the  amount  of  rent 
in  cash  at  the  time  of  leasing  and  the  balance  at  the  end 
of  the  year.     Ih. 

Sec.  7141.  At  least  twenty  days'  public  notice  of 
the  time  and  place  of  offering  such  lands  for  rent  or 
lease  shall  be  given  by  said  collector  by  publishing  the 
same  in  the  newspapers  of  the  county  and  by  posting 
up  hand-bills  at  the  most  prominent  points  throughout 
the  county.     Ih. 

Sec.  7142.  If  any  school  lands  offered  for  rent 
or  lease  at  the  time  and  in  the  manner  above  indicated 
shall  not  bring  such  price  as  the  collector  shall  think  a 
reasonable  rent  therefor,  he  shall  be  authorized  to  rent 
the  same  by  private  contract  for  the  ensuing  year,  or 
for  a  longer  term  if  he  shall  deem  it  expedient.     Ih. 

Sec.  7143.  Tb«  occupants  of  school  lands  prior  to 
the  passagp  of  this  act  shall  be  required  to  pay  a  rea- 
sonable annual  rentla  during  the  time  said  lands  had 
been  so  occupied.     Ih. 

Sec.  7144.  The  lessees  of  school  lands  shall  be  sub- 
ject to  the  same  provisions  governing  the  lessees  of 
other  property.  Provided^  It  shall  not  be  rented  for  a 
less  amount  than  was  offered  at  public  sale.     Ih. 

ACT   XXXYII. 


AN  ACT  to  amend  section  3325  of   Sandels  &  Hill's 

Di^ 
Section 


Digest  of  the  Statutes  of  Arkansas. 


1.  Amends  section  3325.     County  treasurers  not  to  deduct 
commissions  from  same  fund  more  than  once. 

2.  Repeals  all  laws  in  conflict. 

3.  Act  takes  effect  and  in  force  from  passage. 

Be  it  enacted  hy  the  General  Assemhly  oj  the  State   of 
Arkansas  : 

Section  1.  That  section  3325  of  Sandels  &  HilPs 
Digest  of  the  statutes  of  this  state  be  and  the  same  is 
herebv  amended  so  as  to  read  as  follows:     He  shall  be 


SCHOOL    LAWS.  95 

allowed,  as  commissions  on  the  aggregate  amount  of 
all  the  school  funds  of  the  county  coming  into  his 
hands  in  any  one  year,  the  rate  of  two  per  cent,  and  no 
more;  Provided^  That  if  any  county  treasurer  shall* 
have  taken  commissions  from  any  particular  school 
fund,  the  same  fund  shall  not  be  subject  to  commissions 
in  the  hands  of  his  successor  in  office. 

Sec.  2.  That  all  laws  and  parts  of  laws  in  con- 
flict herewith  be  and  the  same  are  hereby  repealed. 

Sec.  8.  That  this  act  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  March  12,  1895. 

DISTURBANCE   OF    SCHOOLS. 

Section  1539.  If  any  parent,  guardian  or  other 
person,  from  any  cause,  fancied  or  real,  visit  any 
school  and  insult  any  teacher  in  the  presence  of  his  pu- 
pils, the  person  offending  by  such  conduct  shall  be  lia- 
ble to  a  fine  of  twenty-five  dollais.  Act  December  7, 
1875,  sec.  85. 

Sec.  1798.  Any  person  or  persons  who  shall,  by 
any  boisterous  or  other  noisy  conduct,  disturb  or  annoy 
any  public  or  private  school  in  this  state,  or  any  person 
not  a  student  who,  after  being  duly  notified  to  keep  off 
the  school  grounds  during  the  school  hours  by  the 
board  of  directors  or  the  superintendent  or 
principal  teacher  in  charge  of  any  such  school, 
shall  continue  to  trespass  or  go  upon  said 
grounds,  whether  at  recess  or  during  the  sessions 
of  said  school,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  in  any  sum  not  exceed- 
ing one  hundred  dollars.  Act  February  16,  1893, 
sec.  2, 

cutting  timber  off  sixteenth  section. 

Section  1800.  It  shall  not  be  lawful  for  any  per- 
son to  cut  or  remove  any  timber  or  stone  off  the  six- 
teenth sections  of  land,  for  the  use  of  schools,  or  any 
section  or  fractional  section  selected  instead  of  the  six- 
teenth sections. 

trespass  on  school  lands. 

Section  1803.  Every  trespasser  upon  the  school 
lands  shall,  upon  conviction,  be  fined  in  three  times  the 


96  SCHOOL    LAWS. 

amount  of  damages  done,  and  ahall  stand  committed 
as  in  other  cases  of  misdemeanor.  Act  April  12^  1869, 
sec.  13. 

ESTKAY   FUND. 

Section  71266.  Every  person  who  shall  take  up  an 
estray  beast  which  shall  not  be  reclaimed  by  the  owner 
within  one  year,  shall  pay  into  the  county  treasury  in 
which  such  estray  was  taken  up,  one  half  of  the  residue 
after  deducting  all  legal  expenses  from  the  appraised 
value  of  the  beast,  and  shall  file  the  county  treasurer's 
receipt  for  the  same  in  the  office  of  the  county  clerk, 
and  the  county  clerk  shall  charge  the  county  treasurer 
with  all  such  funds  as  shall  be  paid  into  the  treasury, 
and  all  such  funds  shall  be  apportioned  among  the  sev- 
eral districts  of  the  county,  as  other  funns  are  now  ap^ 
portioned.     Act  March  15 ^  1897, 


OPINIONS. 


s— •; 


OPINIONS. 


APPLICATION  OF  FUNDS. 

BY   JONES. 

I  am,  therefore,  of  opinion: 

1.  That  the  funds  derived  from  the  state  and 
from  the  'per  capita  tax,  and  from  the  tax  voted  by  th« 
district  at  the  annual  school  meeting,  after  they  reach 
the  county  treasury  and  are  apportioned  by  the  county- 
court  to  the  school  district,  become  the  absolute  prop- 
erty of  such  district  for  the  purpose  of  maintaining 
public  schools  therein,  subject  to  disbursement  on  the 
warrant  of  the  board  of  directors  of  a  separate  school 
district. 

2.  That,  in  other  than  separate  school  districts, 
the  school  directors  may  apply  such  funds  to  no  other 
purpose  than  those  directed  by  a  majority  of  the  elec- 
tors of  the  district  at  their  annual  school  meeting. 

W,  That,  in  other  than  separate  school  districts, 
the  electors  may,  at  their  annual  meeting,  fix  a  site  for 
the  school  house,  or  raise  money  for  building  or  pur- 
chasing a  school  house ;  Provided,  The  directors  have 
given  notice  that  these  matters  were  to  be  submitted 
for  consideration  and  action,  as  required  by  section  69 
of  the  school  law  of  December  7,  1875. 

4.  That  it  is  within  the  power  of  the  board  of  di- 
rectors of  separate  school  districts  to  apply  any  part  of 
the  fund  belonging  to  such  district,  which  has  not  been 
otherwise  appropriated,  to  the  purpose  of  building  and 
purchasing  a  school  house,  irrespective  of  the  source 
from  which  such  fund  came ;  but  that  such  power  can- 
not be  exercised  by  the  directors  of  other  school  dis- 
tricts, unless  they  have  been  authorized  to  do  so  by  th« 
electors  of  the  district  at  an  annual  school  meeting. 
See  School  Act  of  December  7,  1875;  Lee  v.  Trustees  of 
School  District  36;  New  Jersey  Equity  Reports,  581; 
Sandels  d  EiWs  Digest,  chapter  139. 

Note — Most  of  the  following  opinions  were  made  before  the 
publication  of  Sandels  &  Hill's  Digest,  and  the  sections  are  changed 
to  correspond  with  those  in  that  digest. 


100  SCHOOL     LAWS. 

RIGHTS    OF  PUPILS   xVS  TO  ADMISSION  INTO 
PUBLIC  SCHOOLS. 

BY  JONES. 

I  have  the  honor  to  acknowledge  receipt  of  your 
communication  of  the  7th  inst.,  in  which  you  ask  my 
opinion  as  to  the  legaUty  and  binding  force^  of  the  fol- 
lowing resolution,  adopted  by  the  board  of  directors  of 
the  school  district  of  Prescott,  to-wit: 

Besolvedy  That  such  children  only  are  entitled  to 
admission  as  pupils  in  the  Prescott  free  school  as  were 
residing  in  the  school  district  of  Prescott  on  the  first 
day  of  the  preceding  September,  and  if  names  of  such 
pupils  do  not  appear  in  the  enumeration,  application 
for  admission  must  first  be  made  to  the  school  board; 
Frovided,  That  children  of  bona  fide  residents  who  may 
attain  to  the  school  age  during  the  year  may  be  ad- 
mitted to  the  school. 

The  latter  clause  of  section  7101,  Sandels  &  Hill's 
Digest,  reads  as  follows:  "The  board,"  referring  to 
the  board  of  directors  of  single  school  districts,  "may 
make  rules  and  regulations  for  their  own  government, 
and  for  the  dispatch  and  regulation  of  the  school  busi- 
ness and  affairs  of  the  district  not  inconsistent  with 
law." 

The  supreme  court  of  Iowa,  in  the  case  of  Burdiclv 
V.  Babcock,  31  Iowa,  3()2,  S65,  in  speaking  of  certian 
rules  adopted  by  the  board  of  directors  of  a  school  dis- 
trict by  which  certain  pupils  were  suspended  from  the 
school  for  absence  and  tardiness  says:  ''Any  rule  of 
the  school,  not  subversive  of  the  rights  of  the  children 
or  parents,  or  in  conflict  with  humanity  and  the  pre- 
cepts of  divine  law,  which  intends  to  advance  the  ob- 
ject of  law  in  establishing  public  schools,  must  be  con- 
sidered reasonable  and  proper." 

So,  in  this  case,  the  single  question  seems  to  me 
to  be:  Is  the  regulation  of  the  Prescott  board  sul)- 
versive  of  the  rights  of  the  children  and  parents,  or  m 
conflict  with  humanity  and  the  precepts  of  divine  law% 
and  does  it  tend  not  to  advance  the  object  of  the  law  in 
establishing  public  schools?  If  not,  then  it  is  unreas- 
onable and  improper  and  cannot  be  eiiforced.  And 
this  is  the  question  to  be  determined  aLi  should  oe  de- 


SCHOOL    LAWS.  101 

termined,  as  I  conceive,  by  ascertaining  as  nearly  as 
possible  the  spirit  and  intention  of  the  legislature  in  di- 
viding the  counties  into  school  districts,  and  investing 
each  of  such  districts  with  certain  powers  to  be  exer- 
cised independently  of  others,  and  the  scope  and  extent 
of  such  powers. 

We  find  article  14  of  the  constitution  of  this  state, 
section  3,  that  it  is  made  the  duty  of  the  general  as- 
sembly to  provide  by  general  laws  for  the  support  of 
common  schools  by  taxes,  not  to  exceed  in  any  one 
year  two  mills  on  the  dollar  on  the  taxable  property  of 
the  state ;  and  by  an  annual  per  capita  tax  of  one  dollar, 
to  be  assessed  on  every  male  inhaoitant  of  this  state 
over  the  age  of  twenty-one  years.  This  much  is  im- 
perative on  the  general  assembly ;  but  the  same  section 
provides  that  "the  general  assembly  may,  by  general 
law,  authorize  school  districts  to  levy,  by  a  vote  of  the 
qualified  electors  of  such  district,  a  tax  not  to  exceed 
five  mills  on  the  dollar  in  any  one  year  for  school  pur- 
poses ;  Provided,  jurther,  That  no  such  tax  shall  be  ap- 
propriated to  any  other  purpose,  nor  to  any  other  dis- 
trict than  that  for  which  it  was  levied." 

Thus,  we  see  school  districts  are  recognized  by  the 
•constitution,  and  they  are  put*  beyond  the  power  of  the 
legislature,  so  far  as  the  levying  taxes  for  school  pur- 
poses within  their  respective  limits  is  concerned,  and 
such  tax  can  only  be  levied  by  the  vote  of  the  electors 
of  the  district  (Cole  v.  Blackwell,  .38  Ark.,  271)-,  and 
can  be  appropriated  to  no  other  purpose,  nor  to  any 
other  district  than  that  for  which  it  was  levied.  The 
legislature  is  only  authorized  to  confer  upon  the  dis- 
tricts the  power  to  levy  such  tax,  but  cannot  compol 
the  levy.  This  power  has  been  conferred,  and  each 
district  is  made  a  body  corporate,  capable  of  suing  and 
being  sued,  contracting  and  being  contracted  with,  ac- 
quiring and  holding  property,  etc.,  etc.,  etc. 

Section  7113  ?/>.,  makes  the  provisions  of  the  gen- 
eral school  laws  of  the  state,  so  far  as  applicable  and 
not  inconsistent  or  repugnant  with  the  provisions  of 
the  special  act  for  the  regulation  of  public  schools  in 
cities  and  towns,  apply  to  districts  organized  under  said 
special  act.  Under  the  general  school  laws  we  find 
that  the  directors  of  eacli  distrust  shall  aimnally,  be- 


102  SCHOOL    LAWS. 

tween  the  first  and  tenth  days  of  September,  transmit 
to  the  county  examiner  a  written  report  of  names  and 
ages  of  all  persons  between  the  ages  of  six  and  twenty- 
one  years  residing  in  their  district  on  the  first  day  of 
September  {sec,  7077  ib.)\  that  the  county  examiner 
shall  make  a  similar  report  to  the  superintendent  of 
public  instruction  on  or  before  the  twentieth  day  of 
September  (sees.  7020  and  7023,  ib)-,  and  to  the  county 
clerk  of  his  county  between  the  tenth  and  twentieth  of 
September  (ih.  sec.  6995),  which  shall  be  laid  by  the 
county  clerk  before  the  county  court  (ih.,  sec.  6996)] 
and  that  the  county  court  shall  distribiite  the  distribu- 
tive share  of  the  county  apportioned  by  the  superin- 
tendent to  the  several  districts  in  proportion  to  the 
number  of  persons  within  school  age,  respectively  (ih.j 
sec.  6993). 

We  further  find  that  the  directors  ''shall  submit  to 
the  district,  at  the  annual  meeting,  an  estimate  of  the 
expenses  of  the  district  for  that  year,  including  the  ex- 
penses of  the  school  for  the  term  of  three  months  for 
the  next  year,  after  deducting  the  probable  amount  of 
school  moneys  to  be  apportioned  to  the  district  for  that 
school  year,  and  shall  also  submit  an  estimate  of  the 
expenses  per  month  of  .continuing  the  school  beyond 
the  term  of  three  months,  and  of  whatever  else  may  be 
necessary  for  the  comfort  and  advancement  of  said 
school"  {ih.,  sec.  7049).  And  it  is  upon  this  report 
that  the  qualified  electors,  at  their  annual  school  meet- 
ing, act,  when  they  determine  the  amount  of  taxes  to 
be  raised  out  of  the  district  for  the  support  of  its 
schools. 

The  qualified  electors  of  each  district  select  the  di- 
rectors, who  are  entrusted  with  the  management  of  the 
school  affairs,  and  who  in  that  capacity  act  as  the  rep- 
resentatiA^es  of  the  electors. 

From  all  these  provisions  of  the  constitution  and 
laws  of  the  state,  it  seems  apparent  to  me  to  be  the 
policy  of  our  state,  that  each  school  district  should  have 
the  care  and  management  of  its  entire  school  interests, 
independent  of  any  control  except  the  limitations  pre- 
scribed by  the  law.  How,  it  may  well  be  asked,  can  a 
district  provide  the  necessary  means  to  carry  on  its 
schools,  when  persons  outside  of   the  district,  who  have 


SCHOOL    LAWS.  103 

contributed  nothing  towards  the  support  or  mainten- 
ance of  the  schools,  shall  have  the  absolute  right  to 
bring  their  children  within  the  district,  after  the  time 
for  enumeration  has  passed,  and  compel  their  admis- 
sion to  the  school  as  a  matter  of  right '^  If  it  may  be 
done  by  one  person,  it  may  be  done  by  a  thousand,  or 
more;  the  principle  is  the  same.  And  thus  we  may 
find  a  school  district  which  has  only  provided  the  means 
necessary  to  support  its  own  children — and  this  is  all  it 
can  be  required  to  do — forced  to  take  into  its  schools 
other  children  for  whom  no  provision  has,  or  can  be, 
made  during  the  scholastic  year,  and  without  the  power 
to  provide  adequate  means  for  such  a  contingency.  It 
could  only  result  in  disaster  to  the  entire  school  inter- 
ests of  the  district,  which  could  certainly  never  have 
been  within  the  contemplation  of  the  law-makers. 

The  county  court  is  empowered  by  the  law  to 
transfer  children  from  one  district  to  another  (ih.,  sec. 
7o62).  But  in  every  such  case  tax  of  such  children, 
levied  by  the  district  from  which  they  were  transferred, 
goes  with  them,  and  is  used  for  their  education  {ih., 
sees.  7063  and  7064).  Why  does  the  law  make  such 
provisions,  if  it  be  true  that  the  right  exists  without 
such  exercise  of  authority  by  the  county  court!  The 
very  fact  of  the  law  making  such  provisions  is  evidence 
of  the  fact  that  the  right  does  not  otherwise  exist. 

The  regulation  of  the  Prescott  school  board  does 
not  absolutely  exclude  from  the  district  school  the 
children  whose  n^mes  fail  to  appear  on  the  enumera- 
tion list,  but  it  merely  requires  such  children  to  make 
application  to  the  board  for  admission  before  they  shall 
b«  entitled  to  enter  the  school.  By  this  means  the 
board  can  judge  whether  such  children  should  or  should 
not  be  admitted.  If  it  should  act  arbitrarily  or  un- 
justly, and  refuse  admission  to  one  lawfully  entitled, 
the  law  has  provided  an  ample  remedy  for  such  cases. 
By  the  regulation  the  board  can  protect  the  district 
against  imposition  and  fraud,  and  the  better  advance 
the  objects  for  which  free  schools  were  organized. 

I  am,  therefore,  of  the  opinion  that  the  regulation 
of  the  Prescott  school  board,  above  set  forth,  is  reason- 
able and  proper,  and  may  be  enforced. 


104  SCHOOL  LAWS. 


BY  JONES. 


Directors  may  not  exclude  children  from  any 
school  to  which  they  are  lawfully  entitled  to  admission. 

In  answer  to  your  communication  of  this  date,  in 
which  you  ask  my  opinion  upon  the  question,  "whether 
the  children  of  school  age  of  parents  who  have  become 
honafide  residents  of  a  school  district  since  the  last  enu- 
meration are  entitled  to  admission  into  the  public 
schools  of  the  district  free  of  char^e/^  I  have  the  honor 
to  say  that  I  am  of  opinion  that  they  are  so  entitled. 

This  opinion  is  not  at  all  at  variance  with  my 
opinion  to  you,  of  date  March  10,  1885,  contained  in 
my  biennial  report  to  the  governor  in  December,  1886, 
at  page  72  ab  seq.  By  reference  to  that  opinion,  it  will 
be  seen  the  question  presented  to  me  was  whether  a 
certain  regulation  adopted  by  the  board  of  directors  of 
the  school  district  of  Prescott  was  legal  and  binding. 
The  regulation  was  as  follows : 

''•Resolved,  That  such  children  are  only  entitled  to 
admission  as  pupils  in  the  Prescott  free  school  as  were 
residing  in  the  school  district  of  Prescott  on  the  ff  rst 
day  of  the  preceding  September,  and  if  names  of  such 
pupils  do  not  appear  in  the  enumeration,  application 
for  admission  must  first  be  made  to  school  board. 
Provided,  The  children  of  bona  fide  residents  who  may 
attain  to  the  school  age  during  the  year  may  be  ad- 
mitted to  the  school." 

In  the  conclusion  of  that  opinion,  I  said:  "The 
regulation  of  the  Prescott  school-  board  does  not 
absolutely  exclude  from  the  district  school  the  children 
whose  names  fail  to  appear  on  the  enumeration  list, 
but  it  merely  requires  such  children  to  make  applica- 
tion to  the  board  for  admission  before  they  shall  be 
entitled  to  enter  the  school.  By  this  means  the  board 
can  judge  whether  they  should  or  should  not  be  ad- 
mitted. If  it  should  act  arbitrarily  or  unjustly,  and 
should  refuse  admission  to  one  lawfully  entitled,  the 
law  has  provided  an  ample  remedy  for  such  cases.  By 
the  regulation,  the  board  can  protect  the  district  from 
imposition  and  fraud,  and  to  better  advance  the  objects 
for  which  free  schools  were  organized." 

The  qustion  now  presented  by  you  does  not  relate 
to  the  power  of  such   boards  to  make  regulations  and 


SCHOOL    LAWS.  105 

rules  for  their  own  government,  and  for  the  dispatch 
and  reglation  of  the  school  business  and  affairs  of  the 
district,  not  inconsistent  with  law.  Such  power  is 
vested  in  them  by  the  statute  {Digest^  sec.  7101);  but 
it  is  whether  they  can  exclude  from  the  public  schools 
any  child  who  is  lawfully  entitled  to  admission.  This 
they  cannot  do. 

Directors  should  remember  that  the  right  to  attend  school 
grows  out  of  5o»a  yide  residence  and  not  from  an  enumeration  in  a 
district  or  the  payment  of  taxes.  When  a  man  moves  into  a  dis- 
trict with  the  intention  of  making  it  his  permanent  residence,  he 
acquires  the  right  to  send  to  the  public  schools  at  once.  The  direc- 
tors are  to  decide  from  all  the  circumstances  whether  the  residence 
is  permanent  or  temporary.  If  temporarj^  no  free  school  privileges 
obtain.— [Superintendent. 

BY  KINSWORTHY. 

I  am  in  receipt  of  your  favor  of  recent  date,  asking 
the  following  ({uestions: 

First.  If  a  pupil  becomes  twenty-one  years  of  age 
during  the  progress  of  school,  said  pupil  having  been 
duly  enumerated,  can  the  said  pupil  claim  the  benefit 
of  school  privileges  f 

Second.  A  person  whose  cliiklren  had  been  duly 
enumerated  and  were  attending  school,  moves  to  an- 
other district,  yet  leaves  his  children  to  continue  at 
school,  boarding  them  for  that  purpose.  Should  these 
children  bo  compelled  to  pay  tuition,  or  are  they  en- 
titled to  school  privileges  just  as  if  the  parent  had  not 
moved? 

Answering  these  questions  I  have  this  to  saj  : 

First.  The  rights  of  children  to  attend  jniblic 
schools  are  not  determined  by  enumeration  and  appor- 
tionment. Tliis  is  done  for  the  purpose  of  obtaining 
an  equitable  distribution  of  the  funds. 

The  right  to  attend  school  is  a  constitutional  and 
statutory  one,  based  entirely  upon  age  and  residence. 
All  children  in  this  state  between  the  ages  of  six  and 
twenty-one  are  entitled  to  the  privileges  of  the  public 
schools  in  the  district  where  they  reside.  The  day  a 
■child  reaches  the  age  of  six  years,  though  the  i>ublic 
school  may  be  in  progress,  he  is  entitled  to  the  privil- 
■eges  of  the  school.  He  loses  this  privilege  the  day  he 
becomes  twenty-one  years  of  age.  The  fact  that  the 
school  was   in  progross,  wlrile  he  was  in  attendance, 


106  SCHOOL    LAWS. 

would  ^ive  him  no  more  privileges  than  he  would  have 
if  he  were  not  attending  at  the  time. 

However,  under  section  7061  of  Sandels  &  Hill's 
Digest,  which  reads  as  follows:  "They  (meaning  di- 
rectors) may  permit  older  persons  to  attend  school  un- 
der such  regulations  as  they  may  deem  proper,''  it  is 
entirely  discretionary  with  the  directors  whether  or  not 
one,  who  has  reached  the  age  of  twenty-one  years,  will 
be  permitted  to  attend  the  public  school.  If  the  direct- 
ors should  decide  to  permit  one  over  the  age  of  twenty- 
one  years  to  attend  the  public  school,  the  teacher  of 
said  school  would  be  forced  to  give  him  instruction  the 
same  as  if  he  were  within  the  school  age,  unless  the 
contract  signed  by  said  directors  and  said  teacher  for 
teaching  said  school  regulated  this  matter. 

Second.  If  pupils  are  of  statutory  age  and  are 
living  in  the  district,  with  the  intention  of  remaining 
there,  they  are  entitled  to  the  privileges  of  the  schools 
of  said  district,  whether  they  are  enumerated  or  not, 
but  they  are  not  entitled  to  the  privileges  of  the  schools 
in  any  other  district.  If  a  child  is  of  the  statutory  age, 
he  becomes  entitled  to  all  the  privileges  of  the  public 
school  of  a  district  the  very  day  he  becomes  a  resident 
of  said  district.  He  loses  the  privilege  of  the  schools  of 
a  district  the  very  day  he  becomes  a  non-resident  of 
said  district,  so  if  a  parent  should  remove  from  a  school 
district,  his  children  would  lose  the  privileges  of  attend- 
ing the  public  schools  of  said  district  the  day  he  became 
a  non-resident  of  the  same. 

However  under  section  7102  of  Sandels  &  Hill's 
Digest,  the  directors  of  special  school  districts,  in  cities 
and  towns,  are  authorized  to  admit  pupils  not  belong- 
ing to  the  district,  on  such  terms  as  they  may  agree 
upon  with  the  parents  or  guardians  of  said  pupils,  or 
the  district  whence  they  came,  so  in  special  school  dis- 
tricts the  directors  of  said  district  may  permit  pupils 
not  belonging  to  a  district  to  attend  school  therein. 

BY  JONES. 

Power  of  county  court  to  fill  vacancies  in  office  of 
county  examiner: 

You  refer  me  to  section  7000,  Sandels  &  Hill's 
Digest,  requiring  the  county  court  of  each  county,  at 
the  first  term  thereof  after  each  general  election,  to  ap- 


SCHOOL    LAWS  107 

point  a  county  examiner,  and  ask  my  opinion  as  to  the 
power  of  the  county  court  to  make  such  appointment 
at  any  other  time  when  a  vacancy  occurs  in  the  office  of 
county  examiner.  In  reply  I  will  say,  that  the  matter 
of  making  such  appointments  being  invested  in  the 
county  court,  it  certainly  has  the  power  to  fill  any 
vacancy  which  may  occur,  but  the  tenure  of  office  of 
such  appointee  will  expire  at  the  first  term  of  the  county 
court  which  shall  be  held  after  the  next  general  elec- 
tion, when  another  appointment  must  be  made. 

BY  JONES. 

School  directors  may  not  teach  in  their  own  dis- 
tricts : 

I  have  the  honor  to  acknowledge  receipt  of  your 
communication  of  the  3d  instant,  in  which  you  ask  my 
opinion  upon  the  following  questions: 

'^First — Can  a  school  director  be  legally  employed 
to  teach  in  the  public  schools  of  his  own  district? 

"Second — If  not,  what  remedy  have  the  people,  if 
the  directors  presist  in  employing  one  of  their  own 
number  to  teach  ? ' ' 

In  reply: 

The  office  of  school  director  is  one  of  trust.  Prev- 
ious to  the  passage  of  the  present  school  law  he  was 
called  a  trustee.  In  many  of  the  states  such  officers  are 
still  called  trustees.  It  is,  however,  immaterial  whether 
the  name  be  director  or  trustee,  the  office  is  one  purely 
of  trust  and  confidence,  and  the  person  filling  it  is  gov- 
ered  by  the  same  rules  of  law  which  govern  other  trus- 
tees, in  so  far  as  not  to  be  allowed  to  make  any  profit 
from  his  office.  It  is  a  well-settled  rule  that  a  trustee 
cannot  use  the  trust  property,  nor  his  relation  to  it,  for 
his  own  personal  advantage.  All  the  power  and  influ- 
ence which  the  possession  of  a  trust  fund  gives  must  be 
used  for  the  advantage  and  profit  of-  the  beneficial  own- 
ers and  not  for  the  personal  gain  and  emolument  of  the 
trustee.     No  other  rule  would  be  safe. 

By  examination  of  the  school  law  it  will  be  seen 
that  the  powers  of  the  director  are  very  large,  and  for 
the  failure  to  perform,  or  for  neglect  of  any  duties  of  his 
office,  he  is  liable  to  forfeit  to  his  district  the  sum  of 
twenty-five  dollars. 


108  SCHOOL    LAWS. 

Among  his  duties  he  is  required  to  visit  the  schools 
at  least  once  each  term,  and  encourage  the  pupils  in 
their  studies,  and  give  such  advice  to  the  teacher  as 
may  be  for  the  benefit  of  teacher  and  pupils. 

By  other  sections  of  law  it  will  be  seen  what  the 
duties  of  the  teachers  are,  and  that  it  would  be  incon- 
sistent with  those  duties  for  him  to  be  a  director.  In 
fact,  if  a  director  were  allowed  to  be  a  teacher  in  his 
own  district,  he  would  have  to  make  a  contract  with 
himself,  and  would  be  using  his  position  of  trust  for  his 
own  emolument  and  gain.    This  cannot  be  legally  done. 

I  am,  therefore,  of  opinion,  in  an-swer  to  your  first 
question,  that  a  school  director  cannot  be  legally  em- 
ployed to  teach  the  public  schools  of  his  own  district. 

As  to  your  second  question,  if  the  directors  persist 
in  employing  one  of  their  own  number  to  teach,  the 
people  of  the  district  can  obtain  redress  through  the 
courts  to  prevent  such  an  abuse  of  power.  They  can 
be  enjoined  from  doing  so. 

BY  JONES. 

Clerks  may  not  charge  fees  for  performing  the  du- 
ties required  of  them  under  the  common  school  laws. 

In  answer  to  your  inquiry,  "Are  county  clerks  en- 
titled to  ask,  demand  or  receive  fees  from  the  several 
school  districts  in  their  respective  counties  for  perform- 
ing the  duties  required  of  them  under  the  common 
school  laws  of  the  state — such,  for  instance,  as  filing 
reports  of  organization,  of  elections,  of  levy  of  school 
tax,  of  apportionment  of  common  school  funds,  or  any 
•other  duty  enjoined  upon  them  by  said  law!"  I  have 
the  honor  to  say  that  the  fees  for  clerks  are  regulated 
by  statute  in  this  state,  and  that  unless  the  statute 
fixes  a  compensation  for  any  particular  service  required 
of  that  officer,  he  is  not  entitled  to  ask,  demand  or  re- 
■ceive  any  for  performance  of  it.  See  Cole  v.  White 
County,  32  Ark.,  4r>. 

By  examination  of  the  common  school  laws  of  this 
state,  it  will  be  observed  that  there  is  no  compensation 
provided  for  the  services  required  by  the  county  clerks; 
•consequently  they  are  not  entitled  to  fees  for  such  ser- 
vice . 

This  is  not  a  new  question  by  any  means,  l)ut  has 
Ic^een  frecpiently  passed  upon  by  the  courts  of  tlie  va- 


SCHOOL    LAWS.  109> 

rious  states  and  by  the  English  courts.  From  these  de- 
cisions it  may  be  considered  as  established  law  that 
where  law  imposes  a  duty  upon  an  officer  he  cannot 
claim  a  remuneration  for  fulfilling  it  unless  the  law  has 
expressly  conferred  such  right. 

I  am,  therefore,  clearly  of  the  opinion  that  clerks 
are  not  etitled  to  feet?  for  sei'vices  required  to  be  per- 
formed by  them  under  the  common  school  laws  of  this 
state. 

BY   JONES. 

A  school  director  may  not  be  elected  by  less  than  a- 
majority  vote. 

In  answer  to  your  inquiry,  I  have  the  honor  to* 
state  that  all  the  powers  vested  in  the  electors  of  a 
school  district,  in  their  annual  school  meetings,  must 
be  exercised  by  a  majority  of  the  votes  cast  at  such 
meetings,  and  that  no  power  can  be  exercised  by  less, 
•than  such  majority.  Consequently  a  director  cannot 
be  elected  by  less  than  a  majority  of  the  votes  cast  at 
the  meeting. 

BY  JONES. 

Separate  schools  must  be  maintained  in  every  dis- 
trict for  each  race — directors  have  discretion  but  to- 
maintain  the  schools. 

I  am  in  receipt  of  your  communication  of  a  late 
date,  in  which  you  say:  *'In  a  certain  school  district 
of  this  state  there  are  seventy-five  or  more  white 
children  of  school  age  and  only  four  colored  children  of 
that  age. 

"In  another  school  district  there  are  seventy-five 
or  more  colored  children  of  school  age  and  only  four 
white  children  of  that  age. 

''I  wish  to  know  whether  it  is  the  duty  of  the 
school  directors  in  the  first  mentioned  district  to  pro- 
vide a  school  for  four  colored  children,  and  in  the 
second  mentioned  district  for  the  ff>ur  white  children.'^ 

In  reply: 

Section  1,  article  14,  of  the  constitution  of  the- 
state,  is  as  follows: 

''Section  1.  Intelligence  and  virtue  being  the 
safeguards  of  liberty,  and  the  bulwark  of  a  free  and 
good   government,   the   state    shall   ever'    maintain   a. 


110  SCHOOL    LAWS. 

general,  suitable  and  efficient  system  of  free  schools, 
whereby  all  persons  in  the  state  between  the  ages  of  6 
and  21  years,  may  receive  gratuitious  instruction/' 

In  compliance  with  this  mandate  of  the  constitu- 
tion, the  general  assembly  has  prepared  a  system  of 
free  schools,  one  provision  of  which  is  as  follows : 

^^The  said  board  [of  directors]  shall  make  pro- 
visions for  establishing  separate  schools  for  white  and 
colored  children  and  youths,  and  shall  adopt  such 
other  measures  as  they  may  judge  expedient  for  carry- 
ing the  free  schoel  system  into  effectual  and  uniform 
operation  throughout  the  state,  and  providing,  as 
nearly  as  possible,  for  the  education  of  every  youth/' 
See  sec.  7041. 

The  constitution  of  California,  upon  the  subject  of 
education,  is  similar  to  ours.  The  lecrislature  of  that 
state  enacted  that  the  education  of  children  of  African 
descent,  and  Indian  children,  shall  be  provided  for  in 
seperate  schools.  In  the  case  of  Ward  v.  Flood,  48 
Col.  Rep.,  36,  it  is  decided  that  it  is  clearlj^  within  th© 
power  of  the  legislature  to  enact  such  a  law,  and  that  a 
colored  child  may  be  excluded  from  a  white  school,  and 
a  white  child  from  a  colored  school,  where  seperate 
schools  have  been  in  fact  established  and  maintained; 
but  that  '^unless  such  separate  schools  be  in  fact  main- 
tained, all  children  of  the  school  district,  whether 
white  or  colored,  have  an  equal  right  to  become  pupils 
at  any  common  school  organized  under  the  laws  of  th» 
state."  To  the  same  effect  is  the  Case  of  State  of,  ex 
rel.  Stontmeyer,  v.  Duffy,  7  Nevada  Rep.,  342. 

In  the  case  of  Maddox,  et  al.,  v.  Neal,  et  al.,  45 
Ark.  Rep.,  121,  the  supreme  court  of  this  state  says: 
^'A  wide  range  of  discretion  is  vested  in  these  boards 
by  the  statute  in  the  matter  of  the  government  and 
details  of  conducting  the  common  schools,  but  in  th« 
nature  of  things,  there  is  a  limit  to  this  discretion. 
Some  posiiive  and  imperative  duties  are  imposed  upon 
them  about  which  they  have  no  discretion.  The  first 
and  most  important  duty  of  tae  board  is  to  make  pro- 
visions for  establishing  schools.  When  the  funds  art 
provided,  and  the  directors  are  not  otherwise  instructed 
by  the  school  meeting  of  the  district,  the  duty  to  pro- 
vide a  school  for  at  least  three  months  in  mandatory. 


SCHOOL     LAWS.  Ill 

and  the  duty  to  establish  separate  schools  for  the  whites 
and  blacks  is  also  incumbent  on  them.  All  the  pro- 
visions of  the  law^  in  relation  to  schools,  in  conformity 
to  the  constitutional  mandate,  are  general,  and  the 
system,  as  far  as  the  statute  can  make  it,  is  uniform. 
No  duty  is  imposed  upon  or  discretion  given  to  the 
directors  about  schools  for  one  race  that  is  not  appli- 
cable to  the  other.  It  is  the  clear  intention  of  the  con- 
stitution and  statutes  ahke  to  place  means  of  education 
within  the  reach  of  every  youth.  Education  at  tlTe 
public  expense  has  beconie  a  legal  right  extended  by  tho 
laws  to  all  the  people  alike.  No  discrimination  on  ac- 
count of  nationality,  caste  or  other  distinction  has  been 
attempted  by  the  law-making  powers.  The  boards  of 
directors  are  only  the  agents,  the  trustees  appointed  to 
carry  out  the  system  provided  for.  Their  powers  ar« 
no  greater  than  the  authority  conferred  by  legislation. 
They  can  do  nothing  they  are  not  expressly  authorized 
to  do,  or  which  does  not  grow  out  of  their  expressed 
powers.  *  *  *  The  opportunity  of  instruction  in 
the  public  schools,  given  by  the  statute  to  all  th« 
youths  of  the  state,  is  in  obedience,  as  we  have  seen,  to 
special  command  of  the  constitution,  and  it  is  obvious 
that  a  board  of  directors  can  have  no  discretionary 
power  to  single  out  a  part  of  the  children  by  the  arbi- 
trary standard  of  color,  and  deprive  them  of  the  bene- 
fits of  the  school  privilege.  To  hold  otherwise  would 
be  to  set  the  discretion  of  the  directors  above  all  law.'' 
It  appears  clear  to  me,  from  the  authorities,  and  in 
view  of  the  provisions  of  the  constitution,  and  the 
statute  above  cited,  that  it  is  the  duty  of  the  directors 
of  each  school  district  to  establish  and  maintain,  with 
the  funds  at  their  disposal,  separate  schools  for  the 
white  and  colored  children  within  their  respective  dis- 
tricts, so  that  every  child  of  school  age  shall  have  th« 
full  benefit  thereof;  and  I,  therefore,  conclude  and  so 
advise  you,  that  this  duty  of  directors  is  not  limited  bj 
the  number  of  children  of  either  kind  in  the  district, 
but  applies  to  one  child  as  well  as  to  seventy-five  or 
more. 

Note. — This  opinion  represents  the  law  as  it  stood  at  the  tira© 
of  its  deliverance.  Since  then  the  legislature  has  authorized  th« 
transfer  of  the  children  of  either  race  to  adjoining  districts  where 
the  number  of  either  race  in  any  district  is  ten  or  less.    Now,  if  said 


112  SCHOOL    LAWS. 

transfer  had  been  made  then  no  school  need  be  maintained.  But 
where  there  are  eleven  or  more  children  of  either  race  they  have 
the  right  to  demand  a  school  and  it  is  the  duty  of  the  directors  ta- 
maintain  it  out  of  the  funds  in  their  hands.     See  sec.  7062. 

BY  ATKINSON. 

The  treasurer  of  state  to  place  the  ten  per  cent,  of 
the  sales  of  all  state  lands  to  credit  of  school  fund. 

I  am  in  receipt  of  your  favor  of  the  15th  inst.,  in 
which  you  ask  my  official  opinion  upon  the  following 
points,  to-wit: 

(1.)  Has  section  6932  of  Sandels  &  Hill's  Digest 
been  repealed  or  amended! 

(2.)  If  not,  who  should  place  to  the  credit  of  the 
school  fund  "ten  per  cent,  of  the  net  proceeds  of  the- 
sales  of  all  state  lands  f 

{?).)  How  and  by  whom  are  the  net  proceeds  de- 
termined? 

In  reply: 

[  am  of  the  opinion  that  the  section  of  the  digest 
mentioned  by  you  has  not  been  repealed  or  amended. 

It  seems  to  be  the  duty  of  the  treasurer  to  keep 
books  which  shall  show  from  whom  moneys  have  been 
received  by  him  and  on  what  account.  He  is  made  the 
receiver  of  all  public  moneys  not  expressly  required  by 
law  to  be  kept  by  some  other  person  (see  section  3255 
of  Sandels  &  Hill's  Digest).  I  am  of  the  opinion  that 
the  treasurer  should  place  the  funds  mentioned  to  the 
credit  of  the  common  school  fund.  See  sec.  6139  Mans- 
fielcVs  Digest, 

Section  3210  of  Mansfield's  Digest  makes  it  the- 
duty  of  the  commissioner  of  state  lands  to  make  a 
statement  of  the  amount  due  or  required  by  law  for  the 
purchase  of  state  lands,  in  which  he  shall  state  concisely 
the  particular  matter  or  account  for  which  said  sum  is 
to  be  paid,  which  is  handed  to  the  purchaser  of  state 
land  and  by  him  turned  over  to  the  treasurer.  'J'his 
would  enable  the  latter  officer  to  properly  credit  the 
funds  received  by  him. 

1.  Every  transferred  person  must  pay  the  tax 
voted  in  the  district  to  which  he  goes. 

2.  The  tax  wiiich  follows  the  person  transferred  is- 
what  he  actually  paid  on  his  realty  and  personalty. 

3.  Nature  of  assessment. 


SCHOOL    LAWS.  113 

Replying  to  your  favor  of  the  26th  iust.,  wherein 
you  refer  to  me  certain  matters  submitted  by  Duncan 
Flanagan,  Esq.,  county  judge  of  Clark  county,  relating 
to  the  construction  of  sections  7062-4  of  Sandels  & 
HilPs  Digest,  I  liave  the  honor  to  submit  my  opinion 
herewith. 

You  ask: 

( 1 . )  If  a  transfer  of  children  be  granted  under 
section  7062,  will  the  person  applying  for  transfer  pay 
the  district  school  tax  voted  in  the  district  from  which 
he  was  transferred  to  the  one  in  which  his  children  have 
been  transferred! 

(2.)  If  he  has  real  estate  in  several  districts,  will 
all  or  what  part  of  the  district  tax  follow  the  transfer? 

(3.)  In  case  of  transfer,  in  what  district  must  the 
real  estate  be  assessed ;  and,  if  assessed  in  the  district 
from  which  transfer  is  made,  how  can  the  district  to 
which  children  have  been  transferred  obtain  the  benefit 
of  the  tax! 

The  act  of  December  7,  1875,  merely  provided  that 
^'the  district  school  tax''  of  the  person  whose  children 
were  transferred  should  be  added  to  the  school  reve- 
nues of  the  district  to  which  he  had  been  transferred, 
and  should  not  be  included  in  the  school  revenues  of 
the  district  wherein  he  remained.  The  difficulty  under 
this  law  was,  that  a  person  might  transfer  his  children 
to  a  district  which  levied  a  five-mill  tax  and  get  the 
benefit  of  this  tax,  while  his  property  was  taxed  as  be- 
longing to  the  district  in  which  he  resided  whei*e  he 
might  vote  *'no  tax,"  and,  if  a  majority  of  the  voters 
so  voted,  he  would  pay  no  tax.  The  tax  was  fixed  by 
the  district  in  which  he  resided,  but  was  turned  over  to 
the  district  to  which  he  was  transferred  when  collected. 
This  inequitable  rule  was  intended  to  be  changed  by 
the  act  of  March  30,  1883,  and  the  more  reasonable 
rule,  ^^Qui  sentit  commoduni,  -sentire  debet  et  ottus,''^ 
adopted.  Although  very  obscurely  drafted,  the  act 
sufficiently  manifests  an  intention  to  transfer  both  the 
property  and  children  to  the  district  to  which  the  tax- 
payer wishes  to  transfer  for  educational  purposes.  The 
act  provides  that  the  elector  may  vote  in  the  district  to 
which  he  had  his  children  transfered.  It  is  not  to  be 
supposed  that  he  could  vote  there  if  his  property  was 


114  SCHOOL     LAWS. 

assessable  in  another  district.  The  proviso  that  he 
could  not  vote  outside  of  his  political  township  was  in- 
tended to  prevent  the  act  from  being  unconstitutional 
under  section  1,  of  article  3,  of  constitution,  1874.  If 
he  chose  to  remove  his  children  and  property  out  of 
his  township  and  deprive  himself  of  a  right  to  vote  in 
school  elections,  that  was  his  own  affair.  ^'Qmlihet  po- 
test renunciare  juri  pro  se  introducto.^^ 

(1.)  To  your  first  question,  therefore,  I  answer 
that  a  person  obtaining  a  transfer  of  his  property  and 
children  to  an  adjoining  district  will  pay  the  district 
school  tax  voted  by  the  district  to  which  he  has  been 
transferred. 

(2.)  The  law  only  provides  that  as  to  the  district 
school  tax,  the  property  on  which  he  paid  in  the  dis- 
trict wherein  he  resides  should  be  transferred  to  the  dis- 
trict to  which  transfer  of  his  children  is  made.  This 
includes  his  tax  on  personalty  and  realty  lying  in  that 
district  only. 

(3.)  Incase  of  transfer,  the  property  is  assessed 
as  if  in  the  district  to  which  transfer  is  made.  Section 
7064,  Sandels  &  HiiPs  Digest  provides  the  way  the  ac- 
counts are  to  be  kept  where  the  districts  are  in  two 
counties. 

BY   ATKINSON. 

School  boards  must  act  as  corporate  bodies  and 
separately  as  individuals. 

You  ask,  "Can  a  majority  of  a  board  of  directors  of 
a  school  district  bind  the  district  by  a  contract  for  the 
employment  of  teachers,  or  for  other  purposes,  without 
a  full  meeting  of  the  board! ^' 

This  question  has  been  frequently  adjudicated  by 
the  courts  of  the  different  states.  I  have  collected  a 
few  extracts  from  them,  which  I  present  you,  viz. : 

In  Herrington  v.  JDistrid,  47  lotva,  IS,  the  court 
said :  "While  it  is  true  that  a  majority  of  the  board  will 
govern  in  the  absence  of  a  provision  by  statute,  or  in 
the  articles  of  incorporation,  requiring  the  concurrenco 
of  a  greater  number,  yet  their  determination  is  valid 
only  after  the  minority  have  had  an  opportunity  to  be 
heard.  A  board  must  act  as  a  unit,  and  in  the  manner 
prescribed.  The  determination  of  the  members  indi- 
vidually is  not  the   determination  of  the  board.     In 


SCHOOL    LAWS.  115 

McCulloch  V.  Boss,  577,  5  Benio,  the  court  said:  ^The 
•concurrence  of  a  majority  of  the  board  when  duly  as- 
sembled is  requisite  to  constitute  a  valid  act.  The 
assent  of  the  members  separately  is  not  enough.' '' 

In  Toivnsend  v.  School  Trustees,  41  N.  J.  L.,  313,  it 
was  held: 

'^The  duty  of  these  trustees,  in  the  selection  of 
teachers,  was  not  ministerial  merely;  they  were  obliged 
to  examine  into  the  qualifications  of  teachers,  and  to  exer- 
cise judgment  and  discretion  in  their  selection;  it  was 
the  performance  of  an  important  public  duty,  in  the 
execution  of  which  conference  and  comparison  of  judg- 
ments were  necessary  in  reaching  proper  results.  It 
was  an  act  judicial  in  its  nature,  and  the  general  rule 
governing  such  bodies  so  acting  is,  unless  special  pro- 
visions of  the  is  otherwise  made,  that  all  must  meet,  or 
have  notice  to  meet,  when  official  action  is  intended. '' 
*  *  *  *  uj^  ^^g  clearly  not  the  intention  of  the 
legislature,  in  the  school  law,  to  confer  upon  the  indi- 
vidual members  constituting  the  board  of  trustees  the 
power  of  acting  separately  in  the  selection  and  appoint- 
ment of  teachers.  The  intention  was  to  have  them  act 
and  confer  together,  the  result  of  their  combined  judg- 
ment, or  of  the  majority  of  them,  constituting  a  single 
act." 

In  the  State  ex  rel.  v.  Leonard,  3  Cooper^s  Ch.  179, 
it  is  said: 

'•'Neither  the  majority  nor  the  whole  of  these  had 
power  individually  to  grant  such  permission.  It  could 
only  be  given  by  them  when  assembled  as  a  board.'' 

"It  was  evidently  contemplated  by  the  legislature 
that  a  school  district  should  have  the  benefit  to  be 
derived  from  the  united  experience  and  wisdom  of  all 
the  members  of  the  board."  People  v.  Peters,  4  Neh., 
254. 

In  Wilson  v.  Waltersville  ScJiool  District,  46  Conn., 
407,  it  was  held: 

"The  rule  of  the  common  law  undoubtedly  is  that 
public  agents  may  act  by  majorities,  provided  all  are 
present,  or  have  proper  notice  to  be  present. 

"Their  duties  are  important,  and  require  the  exer- 
cise of  sound  judgment  and  discretion,  and  their  action 
in  the  employment  of  teachers  may  be   attended  with 


116  SCHOOL    LAWS. 

important  consequences,  both  pecuniary  and  moral. 
When  several  persons  are  appointed  it  would  seem  to  be 
for  the  very  purpose  of  giving  the  district  the  benefit  of 
the  combined  judgment  and  good  sense  of  all.'' 

I  am  of  the  opinion  that  the  rules  for  the  govern- 
ment of  school  boards,  as  promulgated  in  the  foregoing 
decisions,  are  correct  and  proper,  and  should  be  recom- 
mended by  you  for  the  observance  of  those  acting  in 
that  capacity  in  our  state. 

BY  KINS  WORTHY. 

I  have  the  honor  to  acknowledge  receipt  of  your 
recent  communication  requesting  me  to  answer  the  fol- 
lowing question : 

^'When  does  a  newly  elected  member  of  the  board 
of  directors  of  a  special  school  district  become  an  active 
member  of  the  board f 

Answering  this  question,  I  have  this  to  say: 

Section  7091  of  S  an  dels  &  Hill's  Digest  states  that 
annually  on  the  third  Saturday  in  May,  there  shall  be 
elected  two  directors  who  shall  serve  three  years  and 
until  their  successors  are  elected  and  (jualified.  This 
section  does  not  state  that  said  directors  shall  hold 
three  years  from  the  date  of  their  election,  but  that  they 
shall  hold  three  years  from  the  day  they  begin  to  serve. 

Section  7098  of  Sandels  &  Hill's  Digest  states: 
^'Each  person  elected  director  shall  take  the  oath  of 
office  within  five  days  after  receiving  a  certificate  of 
election."  While  the  directors  are  elected  on  the  third 
Saturday  in  May,  they  are  given  five  days  from  the 
date  they  receive  their  certificate  of  election  in  which 
to  qualify ;  so  if  a  director  qualifies  within  the  said  five 
days  his  term  of  office  would  begin  the  day  he  qualifies 
and  end  three  years  from  that  day,  provided  his  suc- 
cessor qualifies  on  or  before  that  day. 

I  am,  therefore,  of  the  opinion  that  a  newdy  elected 
director  can  be  qualified  as  soon  as  he  receives  his  certi- 
ficate of  election,  but  that  his  term  of  office  would  begin 
upon  the  day  his  predecessor's  term  of  office  expires, 
which  day  would  be  three  years  from  the  date  he  began 
to  serve  as  director,  provided  that  time  was  within  five 
days  after  he  received  a  certificate  of  election;  if  not, 
his  term  of  office  would  begin  the  fifth  day  after  r.eceiv- 
ing  his  certificate  of  election. 


SCHOOL    LAWS.  117 

In  giving  this  opinion  I  have  not  been  unmindful 
of  section  7100  of  the  digest,  for  this  section  cannot 
cliange  the  provisions  of  the  sections  previously  men- 
tioned, as  tliio  section  is  a  part  of  the  act  of  1885,  and 
the  above  mentioned  sections  are  a  part  of  the  act  of 
1893,  so  the  latter  act  repeals  the  former  act  wherever 
and  whenever  they  come  in  conflict. 

PURCHASE  OF  DESKS  ON  TIME. 

BY    KINSWORTHY. 

I  have  the  honor  to  acknowledge  the  receipt  of 
your  favor,  asking  my  answer  to  the  following  ques- 
tion: "May  a  school  district  legally  buy  desks  on  two 
years'  time  and  issue  its  obligations  on  the  county 
treasurer  therefor  I ' ' 

In  answer  to  this  question  I  have  this  to  say: 

1.  School  districts  are  corporations  and  possess 
only  such  powers  as  are  given  them  by  the  laws  creat- 
ing them. 

2.  •  The  directors  of  school  districts  are  officers  of 
such  districts  and  have  no  more  power  than  is  given 
them  by  the  statutes. 

Section  3,  article  14,  of  the  constitution,  reads  as 
follows : 

"The  general  assembly  shall  provide  by  general 
laws  for  the  suppoi-t  of  common  schools  by  taxes,  which 
shall  never  exceed  in  any  one  year  two  mills  on  the  dol- 
lar on  the  taxable  property  of  the  state,  and  by  an  an- 
nual per  capita  tax  of  one  dollar  to  be  based  on  every 
male  inhabitant  of  this  state,  over  the  age  of  twenty- 
one  years.  Provided^  The  general  assembly  may  by 
general  law  authorize  school  directors  to  levy  by  vote 
of  the  qualified  electors  of  such  districts  a  tax  not  ex- 
ceeding five  mills  on  the  dollar  in  any  one  year  for 
school  purposes.  Provided,  further,  That  no  such  tax 
shall  be  appropriated  to  any  other  purpose  nor  to  any 
other  district  than  that  for  which  it  was  levied." 

This  is  the  foundation  upon  which  rests  all  the 
laws  creating  and  regulating  public  schools  of  this 
state. 

Under  section  749,  San  dels  &  Hill's  Digest,  it  will 
be  seen  that  the  directors  are  required  to  submit  to  the 
electors  of  their  districts,  at  the  annual  meeting,  an 


118  SCHOOL    LAWS. 

estimate  of  the  expenses  of  the  district  for  that  year,  or 
in  other  words,  for  one  year. 

Section  7029  of  Sandels  &  HilPs  Digest  empowers 
the  qualified  electors  of  a  district  at  their  annual  meet- 
ing, by  a  majority  of  the  votes  cast  at  such  meeting,  to 
determine  with  other  things,  the  amount  of  money  that 
shall  be  raised  by  a  tax  on  the  taxable  property  of  the 
district,  sufficient,  with  the  public  school  revenue  ap- 
portioned to  the  district,  to  defray  the  expenses  of  a 
school  for  three  months,  or  for  any  greater  length  of 
time  they  may  decide  to  have  a  school  taught  during  the 
year,  and  to  repeal  and  modify  their  proceedings  from 
time  to  time. 

Thus  we  see  that  the  electors  of  a  school  district  at 
an  annual  meeting  can  only  levy  taxes  for  one  year,  and 
that  for  the  expenses  of  that  year.  Section  7042 
of  Sandels  &  HilPs  Digest  empowers  the  directors  to 
purchase  or  build  a  school  house  with  funds  provided 
(not  to  he  provided)  by  the  district  for  that  purpose. 

Directors  have  no  more  right  to  buy  desks  than 
they  have  to  build  school  houses,  as  their  power  to  do 
either  is  given  them  by  the  electors  at  the  annual 
school  meeting,  except  to  the  amount  of  twenty-five 
dollars,  which  they  are  allowed  to  expend  annually  un- 
der the  provisions  of  section  7045  of  Sandels  &  Hill's 
Digest. 

Sections  7054  and  7055  of  Sandels  &  HilPs  Digest 
state  that  one  of  the  directors  shall  act  as  clerk  at  all 
district  meetings,  keep  a  record  of  all  proceedings  and 
make  a  report  showing  the  current  expenses  for  the 
year,  for  school  houses,  out-buildings,  fences,  stoves, 
and  other  necessaries  for  a  school,  and  also  the  amount 
of  taxes  levied  on  the  district  for  school  purposes  with- 
in a  year. 

It  will  readily  be  seen  that  none  of  these  sections 
authorize  the  elector  to  provide  for  a  school  or  the  ne- 
cessaries to  carry  on  a  school  or  to  levy  a  tax  for  a 
longer  period  than  one  year. 

Mr.  Endlich,  in  his  work  on  interpretation  of 
statutes,  section  352,  states:  'Towers  delegated  to 
subordinate  local  authorities  are  strictly  construed  and 
any  reasonable  doubts  as  to  the  existence  of  a  particu^ 
lar  power  resolved  against  the  same.'' 


SCHOOL    LAWS.  119 

Hence,  statutes  delegating  to  inferior  authorities 
the  power  of  imposing  taxation  or  making  liabilities, 
must  be  in  clear  and  unambiguous  terms,  and  are  sub- 
ject to  the  rules  of  strict  construction. 

No  power  is  delegated  that  is  not  expressly  given 
by  law. 

The  electors  of  a  school  district,  as  we  have  seen, 
can,  at  the  annual  school  meeting,  levy  a  tax  for  school 
purposes  and  for  any  articles  necessary  to  carry  on  said 
school,  but  they  cannot  levy  a  tax  for  more  than  one 
year  at  a  time.  They  can  provide  for  the  expenses  and 
comfort  of  a  school  for  only  one  year  at  a  time. 

The  law  nowhere  contemplates  that  the  electors,  at 
an  annual  school  meeting,  or  the  directors,  by 
their  direction,  shall  have  the  power  to  make  a  debt 
and  thereby  compel  the  electors  of  said  district,  at  a 
subsequent  annual  meeting,  to  vote  a  tax  to  liquidate 
the  same. 

This  would  indirectly  give  the  electors,  at  an  an- 
nual meeting,  the  power  to  vote  a  tax  for  a  special  pur- 
pose, so  much  to  be  collected  that  year  and  so  much  to 
be  voted  and  collected  the  succeeding  year,  all  of  which 
J  am  satisfied  they  cannot  legally  do. 

I  am,  therefore,  of  the  opinion  th^t  a  school  dis- 
trict cannot  legally  buy  desks  on  two  years'  time  and 
issue  its  obligations  on  the  county  treasurer  therefor. 

This  opinion  does  not  apply  to  special  school  dis- 
tricts. 

REGISTERING  AND  PAYING  WARRANTS. 

BY  KINSWOKTHY. 

There  is  some  difference  in  the  law  regulating  the 
registering  and  paying  of  warrants  of  special  school 
districts,  or  districts  composed  of  cities  and  towns,  and 
that  regulating  the  registering  and  payment  of  warrants 
of  common  school  districts,  so  I  will  answer  these 
separately. 

First.  As  to  special  school  districts.  If  a  warrant 
is  presented  to  you  and  you  have  no  funds  oilt  of  which 
to  pay  the  same,  it  is  your  duty  to  register  the  same  as 
directed  by  section  7080  of  Sandels  &  Hill's  Digest; 
then  when  you  receive  funds  belonging  to  said  district 
it  is  your  duty  to  give  notice  of  the  amount  and  kind  of 


120  SCHOOL    LAWS. 

funds  received  and  if  tins  fund  is  sufficient  to  pay  all 
registered  warrants  it  is  your  duty  to  pay  them  before 
paying  any  other  claims,  if  they  are  presented  within 
thirty  days;  if  you  have  not  funds  sufficient  to  pay  all 
registered  warrants  it  is  then  your  duty  to  pay  out  the 
said  funds  pro  rata  on  all  warrants  registered  that  are 
presented  within  thirty  days  after  you  have  given  the 
said  notice  as  required  by  section  7081  of  Sandels  & 
HilPs  Digest. 

If  you  fail  to  comply  with  the  requirements  of  the 
sections  above  mentioned,  you  are  liable  to  be  indicted 
and  punished  under  section  7082  of  Sandels  &  HilFs 
Digest. 

Second.  As  to  common  school  districts.  When 
a  warrant  on  a  common  school  district  is  presented  to 
you,  within  sixty  days  after  it  is  drawn,  if  you  have  no 
funds  out  of  which  to  pay  the  same,  it  is  your  duty  to 
register  and  number  said  warrant  on  the  date  and  in 
the  order  presented,  and  when  you  receive  funds  out  of 
which  these  warrants  can  be  paid,  you  should  hold  it 
and  pay  the  warrants  in  the  order  that  they  are  regis- 
tered and  numbered  by  you,  or  a  sufficient  amount 
should  be  held  to  pay  the  warrants  registered,  which  is 
fully  set  out  in^^ection  7085  and  708G  of  Sandels  &  HilPs 
Disrest. 


ilPPENDIX 


APPENDIX- 


FOEMS  FOR  THE  USE  OF  SCHOOL  OFFICERS. 
Form  I.  Examiner's  Requisition  Blank. 


OFFICE  OF  COUNTY  EXAMINER, 


.18. 


To  the  State  Superintendent  oj  Public  Instructionj 

Little  Bockj  Ark, 

Sir:     The  blanks  and  blank  books  needed  for  a  proper  admin 
istration  of  the  public  school  affairs  of  this  county  are  as  follows : 


Examiner's  Record 


Directors'  Estimates  of  District  Expenses 

Certificate  of  Election  of  School  Directors.... 

Certificates  of  Tax  Levied , 

Directors'  Oaths 

Directors'  Annual  and  Enumeration  Reports. 
Contracts  between  Directors  and  Teachers.... 

Directors'  Warrant  Jlooks 

Examination  Notices 

County  Examiner's  Annual  Reports 

Teachers'  Certificates 

Directors'  Records 

Teachers'  Registers ., 

School  Laws 

County  Institute  Notices 

Poll-Books 

No.  of  School  Districts  in  the  County 


No.  on  Hand. 


No.  Required. 


Directions  for  shipping  the  above. 


Respectfully, 


County  Examiner. 


124  SCHOOL     LAWS. 


Form  II. 
ANNUAL  SCHOOL  MEETING. 

NOTICE. 

There  will  be  an  Annual  School  Meeting  of  the  Electors  of 

School  District  No 

County,  at _ , 

the  third  Saturday  in  May,  189 ...  At  this  meeting  the  following 
matters  will  be  submitted  to  the  consideration  and  action  of  the 
Electors  of  said  District: 


It  is  desired  that  every  Elector  be  present. 


Directors. 
Date 189 .. 

Directors  will  please  bear  in  mind  that  this  notice  must  be 
posted  in  three  or  more  conspicuous  places,  at  least  fifteen  days 
before  the  time  of  meeting,  and  that  the  objects  of  this  meeting 
must  be  inserted  in  the  appropriate  blanks  above,  as  provided  for 
in  section  7035  of  the  present  School  Law  of  Arkansas  : 


SCHOOL    LAWS.  125^ 


Form  ni. 
TEACHEE'S  CONTRACT. 


STATE  OF  ARKANSAS,  ^ 

>  ss. 
County  of ) 

THIS  AGREEMENT,  between 


as  Directors  of  School  District  No in  the  County  of 

State  of  Arkansas,  and 

Who  agrees  to  teach  a  Common  School  in  said  District,  is  as  follows: 

The  said  Directors   agree  upon  their  part,  in  consideration  of  the  covenants  of  said 

Teacher,  hereinafter  contained,  to  employ  the  said to  teach 

a  Common  School  in  said  District,  for  the  term   of months,  commencing 

on  the day  of A.  D.  189 ,  to  pay  therefor  in  the 

manner,  and  out  of  the  funds  provided  by  law,  the  sum  of Dollars^ 

for  each  school  month. 

Said  Directors  further  agree  that  all  the  steps  required  or  allowed  by  law  to  be  takes 
by  said  District  and  its  officers,  to  secure  the  payment  of  teachers'  wages,  shall  be  s* 
had  and  taken  promptly,  and  the  requirements  of  the  law  in  favor  of  the  teacher,  com- 
plied with  by  said  District. 

The  Teacher,  on part,  agrees  to  keep school  open hours  each 

school  day;  keep  carefully  the  Register  required  bylaw;   preserve  from    injury  to  the 

utmost  of power  the   District  property;  give  said   school entire  time  and 

best  efforts  during  the  school  hours;  use utmost  influence  with  parents  to  secure 

a  full  attendance  of  scholars,  and  generally  to  comply  with    all  the  requirements  of  the 

laws  of  the  State  in  relation  to  Teachers  to  the  best  of ability. 

Signature — 


Directors, 
Teacher. 


D:rtc    189  ..  Place    

(See  Sections  7042  and  704H  of  School  Law.) 


126  SCHOOL    LAWS. 


Form  IV. 

CERTIFICATE  OF  ELECTION  OF  SCHOOL 
DIEECTOES. 


STATE  OF  ARKANSAS,  ) 

[  SCHOOL  DISTRICT  No. 

-<;!ounty  of ) 

We  hereby  certify  that  at  the  Annual  School  Election  held  on  the.. 

■day  of  May,  189 ,    

was  elected  School  Director  for  the  next ...years. 


Judges. 


•TThis May,  189 

(See  Section  7036,  School  Law.) 


SCHOOL    LAWS. 
Form  V. 

CEETIFICATE  OF  JUDGES  AND  OLEEKS  OF 
SCHOOL  ELECTION. 


127 


STATE  OF  ARKANSAS 
;....Co 


District  No. 


unty,    I 


We  hereby  certify  that  the  election  held  on  this  day,  in  District  No 

County,  Arkansas,  pursuant  to  law, 

Tthe  number  of  votes  hereinafter  mentioned  were  cast  for  the  several  persons  named  be- 
dow  for  Directors,  and  for  and  against  Tax,  and  amount  of  Taxes  voted. 


For  Directors 

No.Votes 
Received 

For  Tax 

No.Votes 
Received 

Mills 

Whole  No.  of  Votes  Cast 

Whole  No.  of  Votes  Cast 
Against  Tax 

For  Teachers'  Salaries 

For  Purchasing  or  Le 
of  Houses 

For  Building  or  Repairing 



• 

For  Furniture  and 
Apparatus 

Given  under  our  hands  this. 
ATTEST: 


.day  of. 


.A.  D. 


Clerks. 


Judges. 


NOTE. — This  form  is  a  part  of  the  poll  book  which  is  furnished  by  the  examiner 
to  each  district. 


128  SCHOOL    LAWS. 


Form  VI. 
DIEECTORS^  OATH. 


I, , ,   do  solemnly  swear 

(or  affirm)  that  I  will  support  the  Constitution    of  the  United  States,   and  the  Constitu- 
tion of  the  State  of  Arkansas,   and   that    I   will   faithfully   discharge  the  duties  of  the 

office  of  Director  of  District  No ; upon  which  I  am 

about  to  enter, 

Post-office 

Sworn  and  subscribed  to  before  nie  this day  of 

189 

County  CJerk 

(See  Section  7036,  School  Law.)  , 


SCHOOL    LAWS. 


129 


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130 


SCHOOL    LAWS. 


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SCHOOL    LAWS. 


131 


Form  VIII. 

DIEECTORS' 

ESTIMATE  OF  DISTRICT  EXPENSES. 


Electors  of  School  District  No County  of 

State  of  Arkansas. 


We  respectfully  submit,  in  accordance  with  Section  7049  of  the  School  Law,  the 
following  as  our  estimate  of  the  expenses  of  the  Public  Schools  in  this  District,  for  tke 
term  of  three  months  during  the  present  scholastic  year,  beginning  the  first  of  last  July, 
and  of  the  expenses  per  month  of  continuing  the  schools  longer  than  three  months. 


AMOUNT  NECESSARY. 


For  Teachers'  Salaries 

For  Purchase  or  Lease  of  Sites 

For  Purchase,  Erection  or  Hire  of  Houses 

For  Repairs  of  Houses  and  Grounds 

For  Fuel  and  Incidental  Expenses   

For  Furniture,  Apparatus,  Light,  &c, 

For  other  purposes   ;.. 

Total 

Amount  which  we  will  probably  receive  from  the  State  Apportionra't 

Remainder  to  be  raised  by  a  District  Tax 

Expense  for  continuing  the  schools longer  than 

three  months,  at dollars  per  month 

Total  amount  to  be  raised  by  District  Tax 


The  abeve  estimate  is  respectfully  submitted  for  your  consideration  and  action. 


Dated,  Mav  189 


132  SCHOOL    LAWS. 

Form  IX. 
BLANK  WAEEANT. 


No DISTRICT  SCHOOL  FUND,  DISTRICT  No 

189  ... 

To  Treasurer County,  Ark.: 

Pay  to or  Order 

the  sum  of DOLLARS, 

100 
for ,  out  of  the 

Fund. 


Directors, 
(See  Sections  7051  and  7052  of  School  Law.) 


Form  X. 

FOE  PUBLIC  EXAMINATIONS. 

NOTICE. 

Notice  is  Hereby  Given  that  there  will  be  a 
PUBLIC  EXAMINATION  OF  TEACHERS 

At , 

the days 

•f A.  D.  189  ....,  to  ascertain  the 

Professional  Qualifications  of  all  persons  desiring  to  teach  in  the  PUBLIC  SCHOOLS 
«f County. 

County  Examiner, 

County,  Arkansas. 

Date 

(See  Section  7009  of  School  Law.) 


SCHOOL    LAWS. 


133 


Form  XI. 


STATEMENT 


•OF  THE  PUBLIC  SCHOOL  FUNDS  OF 

THE  YEAR  ENDING  JUNE  30,  189.. 


.COUNTY,  FOR 


Amount  Received. 

U.  S. 
Currency. 

State 
Scrip. 

Total. 

Aggregate 

.:;;;:;: 



From  Common  School  Fund  (State) 

"       District  Tax 

•'       Poll  Tax                  .            

"      Sale  or  Lease  of  Houses  or  Sites 

"      Grants  or  Gifts 

*•      Other  Sources   

Total .           

^^ 

^^ 

^^ 

^^ 

Amount  Expended. 

U.  S. 
Currency. 

State 
Scrip, 

Total. 

P'or  Teachers'  Salaries 

"     Purchasing  Houses  or  Sites 

■■••■ 

"     Purchasing  Apparatus,  etc 

"     Treasurer's  Commissions. 

"     Other  Purposes 

^^ 

Total 

Balance  in  County  Treasury  Unexpended. 

U.  S. 
Currency. 

State 
Scrip. 

Total. 

Of  Common  School  Fund., 

Of  District  Fund -. 

Of  Funds  from  all  other  Sources 

Total 

STATE  OF  ARKANSAS, 
-County  of 

I  do  hereby  certify  that  the  foregoing  is  a  correct  statement 

•of  the  Public  School  Funds  of County,  for  the 

-year  ending  June  30,  189 


Date 


County  Treasurer. 


(See  Section  7084  of  School  Law.) 


134 


SCHOOL    LAWS. 


Form  XII. 
Requirements— Nothing  Below  Fifty  to  be  Considered. 


For  First  Grade — Arithmetic,  Grammar,  Orthography,  Eighty-five  per  cent  each;; 
Average  of  Eighty-five  per  cent  in  the  remainder. 

For  Second  Grade — Arithmetic,  Grammar,  Orthography,  Seventy-five  per  cent  each;. 
Average  of  Seventy-five  per  cent  in  the  remainder. 

For  Third  Grade— Arithmetic,  Grammar,  Orthography,  Sixty  per  cent  each;  Aver- 
age  of  Sixty  per  cent  in  the  remainder. 


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SCHOOL    LAWS.  135 


Form  XIII. 

CERTIFICATE  OF  SCHOOL  TAX  LEVIED 

ARKANSAS. 


Office  of  School  Directors^  District  No 

189 

TO  THE  HONORABLE  COUNTY  COURT 

of County,  State  of  Arkansas: 

We  hereby  certify  that  at  a  meeting  of   the  voters  of  School  District  No 

in County,  held  on  the day  of 189 

it  was  voted  that  the  following  number  of  mills 

be  levied  on  the  taxable  property  in  said  District,  for  the  following  school  purposes, 
to-wit : 

Expense  of  Teachers,     -----        Mills. 

Purchase  or  Lease  of   Site,  -         -         -  Mills. 

Purchase,  Erection  or  Hire  of  House,         -  Mills. 

Repair  of  House  and  Grounds,  -         - Mills. 

Fuel,  -  -  -        _         .  -  .  Mills. 

Furniture, Mills. 

Other      1 Mills. 

Purposes,  J Mills. 

Total  Amount Mills. 

And  your  Honorable  Body   will   please   levy   a  tax  on    the  taxable  property  of  this 
District  equal  to  the  above  total  amount,  in  accordance  to  law. 


Attest: 

Directors. 


Chairman. 
Dated  this day  of 189 


13C  SCHOOL    LAWS. 


Form  XIV. 
IS^OTIOE  OF  COUNTY  I:N^STITUTE. 


Office  of  COUNTY  EXAMINER, 


189. 


BOARD  OF  DIRECTORS,  DISTRICT  NO 

"^o*j  xvill   notify   all   Teachers   holding   Certificates   of    Qualification    to    teach   in 

Public  Schools,  that  a  Teachers'    Institute  will  be  held  at 

on  the 

days  of '. 189 

Also  that  Section  7073  as  amended  of  the  School  Law  requires  their  attendance. 
Urge  upon  them  the  importance  of  attending. 

Very  Respectfully, 


County  Examiner. 


SCHOOL    LAWS.  137 


Form  XV. 

OATH  OF  JUDGES 

OF  SCHOOL  ELECTION. 


} 


STATE  OF  ARKANSAS, 

"County  of 

We, 

and do  swear  that  we  will 

perform  the  duties  of  Judges  of  this  election  according  to  law,  and  to  the  best  of  our 
abilities,  and  that  we  will  studiously  endeavor  to  prevent  fraud,  deceit  and  abuse  in  con- 
ducting the  same,  and  that  we  will  not  disclose  how  any  elector  shall  have  voted,  unless 
required  to  do  so  as  witnesses  in  a  judicial  proceeding,  or  a  proceeding  to  contest  an 
election. 


Judges. 


Form  XVI. 

OATH  OF  CLERKS 

OF  SCHOOL  ELECTION. 


STATE  OF  ARKANSAS, 
County  of 


We, 

and , do  swear  that  we  will 

perform  the  duties  of  Clerks  of  this  election  to  the  best  of  our  abilities ;  and  that  we  will 
faithfully  record  the  names  of  all  voters;  and  that  we  will  not  disclose  how  any  elector 
shall  have  voted,  unless  required  to  go  so  as  witnesses  in  a  judicial  proceeding,  or  a 
proceeding  to  contest  an  election. 


Clerks. 


I  DO  CERTIFY,  that 

■and Judges,  and 

and 

Clerks,  of  the  election  held  in  District  No on  the day  of 

189...,  were  severally  sworn  as  the  law  directs,  previous  to  entering  upon  their  respec- 
tive duties. 

Given  under  my  hand  as  such this dayof 189... 


(Note — Forms  V,  XV  and  XVI  are  parts  of  poll-book.) 


NDEX. 


A 

ANNUAL  SCHOOL  MEETING:  Page. 

How  constituted 42,  76 

Who  may  vote 42 

Quorum 42,  78 

Powers  of 42,  43,  44,  45,  78 

Who  to  hold  46,  76 

Ballot 45 

How  to  count  the  votes 46 

Duties  of  county  court 46 

APPARATUS: 

What  amount  may  be  expended  for 53 

To  be  approved  by  whom 53 

APPORTIONMENT: 

By  superintendent 21,  22 

By  county  court 29,  30,  31,  83 

Basis  of 27,  21,  29 

ATTESTATION: 

Of  reports 57 

AUDITOR: 

Duties  of  concerning  common  school  fund 12 

Superintendent  of  public  instruction  haB  access  to 

books  of 2a 

ATTORNEY  GENERAL  {See  Opinions): 

Duties  of  as  to  common  school  fund 17,  89 

Opinion  of,  when  given 22 

Opinion  of 99  et  seq 

AUTHENTICATION : 

Of  any  paper  or  document 24 

B 

BLANKS: 

Forms  of 123  et  seq 

To  be  furnished  by  state  superintendent 19 

BRANCHES: 

For  state  certificate 2^ 

For  county  certificate 36,  37,  134 

For  county  examiner's  certificate 33, 

BOOKS: 

List  of  prepared  by  superintendent 24 

To  be  adopted  by  directors .,. .  63. 


11  INDEX. 

BOOK  AGENTS:  Page. 

State  superintendent  not  to  act  as 23 

County  examiner  not  to  act  as 23 

BOUNDARY  LINES: 

Of  school  districts  changed  by  court 28 

BUILDINGS: 

Report  to  be  made  of 58 

Oare  of,  in  whose  hands 49 

Site  for,  how  designated 43 

Funds  for,  how  provided 118  49 

c 

€OMMON  SCHOOL  {See  Free  School): 

•COMMON  SCHOOL  FUND  (See  Free  School  Fund) : 

Collection  of 10,  11,  12,  13,  14,  15,  16,  89 

No  cost  where  plaintiff  is  unsuccessful 12 

Whence  received 10,  11,  12 

Tax  to  pay  interest  due 15 

Debts  due  12,  89 

County  treasurers'  commission  on , 95 

COLLECTORS: 

Duties  of  as  to  per  capita  tax 12 

COMMISSIONERS,  COMMON  SCHOOL 16,  et  seq 

How  composed 16 

Time  and  place  of  meeting 16 

Who  presides 17 

The  secretary  of 17 

Record  of 17 

General  duties  of 17,  18 

CORPORAL  PUNISHMENT 62  ct  seq 

COUNTY  CLERKS: 

Duties  of 22,  31,  33,  108 

COUNTY  COURT: 

Apportionment  by 12,  29,  30 

Change  of  districts 27,  28 

To  appoint  county  examiners 32 

-CERTIFICATES:       ^ 

State 23 

County,  form  of 25,  134 

Requirements 36,  37 

Revocation  of 36,  37 

CHARTS  53 

CLERK  BOARD  OF  DIRECTORS 43,  45,  56 

COUNTY  EXAMINER  (see  examiner) S2  et  seq 

CONTRACTS  GENERALLY 51,  52,  53,  54,  55,  125 

COUNTY,  NEW,  Etc 31 


INDEX.  m 

D  • 

Page. 

DISTRICTS 9,  11,  26,  27,  28,  29,  82,  83 

Dissolution  of 27 

Boundaries  of 27 

Changes  of 27,  28 

Style  and  name  of 27 

Powers  of 28 

New  districts 28,  30 

Special  or  separate  districts 75  et  seq 

Transfers  from  one  to  another 66,  67 

Vacancy  in  office  of 48,  77 

Rights  of  parties 67 

Must  be  numbered 40,  41 

Inhabitants  of  to  be  encouraged,  how ^ 39 

May  be  dissolved  by  county  court 2a 

DIRECTORS  47et8eq 

Become  active  members  of  board  when 116,  117 

How  elected 43,  47,  75,  76 

Cannot  be  elected  without  majority  vote '        109 

Duties  of 47,  68,  78,  79,  80 

May  not  be  county  examiners 33^ 

When  to  qualify 47,  78 

Who  to  administer 47 

Penalty  for  refusing  to  serve 47,  48 

Penalty  for  non- performance  of  duty 48,  68 

Penalty  for  failure  to  report  tax  6g 

Vacancy,  how  filled 48,  76 

Must  establish  separate  schools 48 

Must  act  as  corporate  bodies 114,  115,  116 

Have  general  charge 49,  30,  79 

Must  contract  with  teachers 51,  52,  79 

Must  adopt  text  books 53 

Must  furnish  register 53 

Must  visit  the  schools 54,  84 

Must  submit  estimate 54 

Must  defend  for  district 55 

Musi  draw  orders  on  treasurer 56,  82 

Must  not  teach  in  their  own  districts  107,  108 

Must  close  schools  on  examination  days  67,  71 

Duties  as  to  notices 37,  56,  67 

Duties  of  clerk  of  board 56,  82 

Must  report  to  county  clerk  57 

Must  report  to  county  examiner 57 

Must  settle  With  county  treasurer 59 

May  permit  elder  persons  to  attend 65 

May  suspend  pupils .   59  et  seq 

Duties  as  to  rules 59  et  seq 

Duties  as  to  transferred  children 66 

Duties  as  to  private  schools 67 

Exempt  from  working  roads 68 

Penalty  for  failure  to  report  tax  levied.  68 

For  separate  school  districts 75  et  sea 

DISBURSEMENT  OFFUNDS 73,  74 

DECISIONS 99  et  seq 

DISTURBANCE  OF  SCHOOL 72,  73 

DICTIONARIES 53 


iV  INDEX. 

E 

ELECTION:  Page. 

School 42,  75,  76 

Who  may  vote 42 

How  to  organize 42,  43 

What  may  be  done  at 42,  43,  44,  45 

Who  to  hold 45 

Time  for  opening  and  closing  poles 46,  78 

Form  of  ballots 45,  46 

Who  to  count 46 

Duties  of  election  judges 46,  76 

Duty  of  county  clerk 46 

Duty  of  county  court 46 

In  separate  school  districts 75,  76 

Majority  ik)  elect 109 

ELECTORS: 

Must  have  poll  tax  receipt 42 

Powers  of 42,  43,  44,  45 

When  to  meet 42 

ENFORCEMENT: 

Of  rules 59  et  seq. 

ENUMERATION: 

Report  of 57,  58,  5S 

EXAMINATIONS: 

Must  be  public  and  quarterly 34,  35,  36 

Only  teachers  deserving  license  must  teach 71 

Private 38,  39 

Re-examination 36,  37 

Schools  must  be  closed 67 

Not  to  be  held  at  time  of  institute .  71 

Teachers  not  to  be  charged  for  loss  of  time 71 

EXAMINERS: 

Appointment  of .- 32 

Duties  of  clerk 33 

Duties  of  judge 32,  33 

Duties  of  state  superintendent 33 

Examination  of 33 

Examination  a  personal  service 34,  35,  36 

Expenses  of 41 

General  duties  of 32  et  seq 

How  removed 41 

Institutes  must  be  held  by 71 

May  appoint  deputy 41 

May  not  be  a  director 33 

Must  hold  public  quarterly  examinations 36 

Must  present  expense  account 41 

Must  keep  record  of  licensed  teachers 39 

Must  prepare  a  report 31,  40 

Must  number  school  districts 41 

Must  encourage  the  people 39 

Penalties  for  failure  to  perform  his  duties 41 

Qualifications 34 

Reports  to  county  clerk 31 

Revocation  of  license 37 

.  Salary  of 34,  41 


INDEX.  y 

EXAMINERS— Continued.  Page. 

What  to  examine 37,  38 

When  to  examine 34,  37 

When  to  qualify 33 

Who  are  excluded  from  examination 37 

Who  may  be  cited  to  be  re-examined 37 

Vacancy  in  office  of 106 

ESTIMATE: 

Of  school  directors 54,  55 

EXEMPTIONS: 

From  road  duty 63 

F 

FEES: 

Exaction  of 80,  108 

Of  justice  of  the  peace  and  other  officers 12 

Exaction  of 80 

Of  suveyor 87 

Of  clerks 76,  87,  88,  108 

Of  county  examiners 33,  34 

FORMS: 

For  use  of  school  officers 123  et  seq 

FREE  SCHOOLS: 

Definition  of 9 

High  schools  may  be  10,  82 

Failure  of  county  to  receive  school  fund 31 

Fund,  common  school 10,  11,  12,  94,  95 

Claims  due,  how  collected 16,  89,  90 

Limit  of  taxes  for 9,  46 

Per  capita  tax  for 9,  11 

Power  to  tax  for 9 

Right  to  attend 9,  59,  65 

Support  of 9,  10 

What  may  be  taught  in 37,  72 

FUNDS: 

Common  school 10,  11,  12,  94,  95 

Treasurers  to  report 73,  74 

Treasurers'  commisson  on 94,  95 

To  be  invested 17 

How  apportioned 22,  29,  83 

How  paid  out  of  state  treasury 22 

FURNITURE 55  117 

a. 

GLOBES 55 

ORADES  OF  CERTIFICATES 23,  24,  38 

H 

JHIGH    SCHOOLS    MAY    BE     SUPPORTED    BY    TAXA- 
TION  9,79,  80,  81 


Vi  INDBX. 

I 

INSTITUTES:  Page. 

State  superintendent  to  hold 19 

County  examiner  to  hold 71 

Not  to  be  held  aft  time  of  examination 71 

Teachers  must  attend 71 

County  Normal  Institute 25 

INCOMPETENCY  OF  TEACHERS 37,  81 

Insulting  teacher 

J 

JUDGE,  COUNTY  {See  County  Court). 12,  32 

L 

LAND  SURVEY,  ETC.: 

Required  to  be  taught 37,  38 

LEASE  OF  SCHOOL  LANDS 93,  94 

LICENSE,  COUNTY 33 

Unlawful  without  examination 38 

State  require  ments  for 23 

M 

MONTH: 

Term  defined 53 

MAPS 53 

MAYOR: 

Duties  of  in  separate  districts 76 

MEMORIAL: 

House  No.  1 89 

N 

NORMAL  SCHOOLS: 

Power  to  support  by  taxation 9 

County  normal  institutes 25 

Teachers  must  attend 71 

Length  of  county  normal 26 

District  normals 26 

NOTICE: 

Of  annual  school  meeting 56 

Of  petition  for  transferred  children 66 

Of  county  examiners 36,  71 

Of  change  in  district 27 

For  separate  districts 76,^77 

0 

OFFICE  OF  STATE  SUPERINTENDENT .  > 19 

OATH  OF  OFFICE 31,  47,  78 

OFFICERS: 

Election  of,  how  certified 57 


INDEX.  vii 

OPINIONS  OF  ATTORNEY  GENERAL:  Page 

Application  of  funds 99 

When  pupil  shall  have  school  privileges  106,  106 

As  to  clerk's  fees 108 

As  to  separate  schools 109,  110,  111 

Directors  must  receive  a  majority 109 

Directors  serve,  how  long >. 116,117 

Duties  of  treasurer Ill,  112 

Duties  of  transferred  persons 112,  113 

Power  of  court  to  fill  vacancy 106,  107 

Rights  of  pupils 100,  104 

School  boards,  corporate  bodies 114,  116,  116 

School  directors  as  teachers 107,  108 

Directors  become  active  members,  when 116,  117 

Registering  and  paying  warrants 

Purchasing  Desks,  etc 


PUBLIC  SCHOOL  {See  Free  School) : 

Private  schools  can  not  be  based  upon  public  taxa- 
tion  

PROSECUTING  ATTORNEY: 

Duties  of  as  to  school  fund 

PERMANENT  SCHOOL  FUND 

PENALTIES 41,  47.  48,  58,  68, 

PRIVATE  SCHOOL 

No  taxation  for  support  of 

POLL  BOOKS: 

To  be  used  by  directors  in  annual  meeting 

PATENTS 

PETITION: 


For  separate  school . 
For  transfer 


17, 

75 

11 

72, 

74 

67 

9 

19 

92, 

93 

75 

66 

62 

PUNISHMENT 

Q 
QUESIONS: 

To  be  furnished  by  state  superintendent 19 

R. 

RACES,  SEPARATE  SCHOOLS  FOR 48,  66 

RIGHTS: 

Of  district  over  funds 29,  30 

Of  parties  transferred 67,  112,  113 

Of  pupils  into  public  schools 100,  105 

REGISTERS: 

Form  of 19,  27,  28 

Who  to  furnish 27 

Directors  must  procure 53 

Teachers'  duties 70,  71 


Vlll  INDEX. 

RE-EXAMINATIONS:  Page. 

Required 37,  38 

Renewals  of  certificates 38 

REVOCATION  OF  LICENSE 37,  38 

RECORDS: 

Of  state  superintendent 19 

REPORT: 

Of  state  superintendent r 20 

Of  county  examiner 40 

Of  school  directors  to  county  examiners 57,  58 

Of  school  directors  to  county  clerk 57 

REMOVAL: 

Of  teacher 37,  81 

Of  county  examiner 41 

RULES: 

What  may  be  prescribed  by  state  superintendent. .  19 

Of  directors  and  teuchers   59  et  seq 

s. 

SEAL  OF  STATE  SUPERINTENDENT 24 

SECRETARY  OF  STATE: 

One  of  board  of  commissioners  .....    16 

Shall  be  president  of  board 17 

May  call  meeting  of  board 16 

SEPARATE  SCHOOL  DISTRICTS 75  et  seq 

SEPARATE  SCHOOLS: 

For  both  races 48,  66,  111 

SALARY  OF  EXAMINERS 33,  41 

SCHOOL  DIRECTORS   (see  directors) 47  et  seq 

SCHOOL  DISTRICTS  (see  districts) 2Q  et  seq 

SCHOOLS  LANDS 84  et  seq 

SCHOOLS  FOR  CITIES  AND  TOWNS 75  et  seq 

SCHOOL  HOUSES: 

Tax  must  be  voted  for 43,  44,  117 

Director  to  have  charge  of  and  contract  for 49,  50 

Not  lawful  to  fix  a  site  for,  or  vote  tax  for,  when. .  56 

Private  school  may  be  taught  in 67 

SCHOOL  LOANS: 

State  superintendent  to  publish 22 

SECTARIAN  BOOKS  PROHIBITED 71 

SIXTEENTH    SECTIONS 11,  84,  85,  86,  87,  88 

SPECIAL  SCHOOL  DISTRICT 75  et  seq 

STUDIES: 

Report  of 57,  58 

SUITS  AT  LAW: 

Directors'  duties 55 

STATISTICS 21 


INDEX.  IX 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION:      Page. 

Duties  of  with  reference  to  common  school  fund,  .17,  19,  20 

Apportionment  by 22 

General  duties  of 16  et  seq 

To  publish  laws  and  render  decisions 22 

Vacancy  in  office 23 

Not  to  act  as  agent 23 

To  grant  state  certificates 23 

To  recommend  books,  etc 24,  53 

Must  examine  county  examiner 33 

SUPERVISION  OF  PUBLIC  SCHOOLS: 

To  whom  confined 18 

STATE  LANDS,  TEN  PER  CENT  OF  SALES 10,  11,  112 

SUSPENSION: 

Power  of 59 

T. 

TAXATION  FOR  SCHOOLS 9,  10,  45,  46 

For  normal  and  high  gchools 10 

TEACHERS,  INSTITUTES 25,  71 

TEACHERS: 

Assistants  must  hold  license 51,  69 

Assitants  must  have  contract 51 

Cannot  suspend  pupils 59 

Causes  for  revocation  of  license 37 

Certificates,  grades  of 27,  38 

Certificates  cannot  be  renewed 38 

Certificates,  valid,  for  how  long 38 

Certificates  expiring  while  teaching,  effect  of 68,  69 

Character! sticts  of  good  teachers 35,  36 

Examination  of 36 

License  expiring  while  teaching,  effect  of 68,  89 

May  have  i  cense  revoked 37 

Moral  character  of ' 37 

Mubt  pay  fees  to  county  treasurer 34 

Must  contract  with  directors 51,  52,  53,  70 

Must  hold  license 51,  68,  70 

Must  use  register 53,  70 

Must  be  reported  by  directors  57,  58 

Must  report  infraction  of  rules 59 

Must  be  examined 36 

Must  believe  in  a  supreme  being 37 

Must  teach  common  school  braches 37,  38 

Must  be  re-examined,  when 38 

Must  attend  county  institutes 71 

Must  not  permit  sectarian  teaching 71 

Must  not  be  charged  for  loss  of  time,  when  71 

Penalty  for  failure  to  report 72 

Penalty  for  teaching  without  license 68,  69,  70 

Power  as  to  rules 61,  62,  63 

Power  as  to  corporal  punishment 62 

Superintendent  must  hold  license,  when 52,  68,  70 

Superintendent  must  have  contract 52,  70 

What  teachers  must  report 53 

With  certain  vices,  may  not  teach 37 


X  INDEX. 

TEACHERS— Conh'?i«ed;  Page. 

Wages,  ho\v  affected  by  revocation 37 

Removal  of 37,  81 

TEXT  BOOKS: 

State  superintendent  to  prepare  list  of 24 

Directors  to  adopt 51,  80 

TAXES: 

How  voted  and  levied 12,  43,  45,  46 

How  collected 12,  46,  66,  67,  68 

TREASURER: 

State 24,  36,  112 

County 24,  36,  73,  74 

Orders  of  directors  upon 55,  69 

Duties  as  to  funds  of  transferred  childrea 66,  112,  113 

Commission  on  school  fund 96 

TRANSFERS: 

General  power 29,  66,  112,  113 

Colored  children,  ten  or  less  66 

White  children,  ten  or  less 66 

Taxes  of 69,112 

Rights  of 67 

TRESPASS 72,  73 

u 

UNIVERSITY: 

Power  to  support  by  taxation 10 

V 

VACANCIES: 

In  office  of  superintendent  of  public  instruction ...  23 

In  office  of  examiner 41 

In  office  of  director ; 48,  77 

VISITATION: 

Of  directors 54 

In  separate  districts 79,  80,  83 

VIOLATIONS  OF  SCHOOL  LAW 72 

WARRANTS 56,  73,  85 

Statutes  of  limitation  run  against 56 

Registering  and  paying 11* 


SUPPLEMENT 


TO 


DIGEST  OF  LAWS 


RELATING  TO 


FREE  SCHOOLS 


IN  THE 


State  of  Arkansas 


COMPILED    AND    ANNOTATED    BY    J.    J.     DOYNE, 
SI^PEEINTENDENT  OF  PUBLIC  INSTEUCTION. 


AUTHORITY 


LITTLE  ROCK,  ARK.: 
LITTLE  ROCK  PRINTING  COMPANY. 

1899. 


ACTS 


OF  THE 


Tliirty-Secoiid  General  AssemWy 


RELATING  TO 


FREE  SCHOOLS 


IN  THE 


STATE  OF  ARKANSAS 

1899. 


Act 

No.  XX.— An  act  to  amend  Section  7045  of  Sandels  &  Hill's 

Digest 4 

No.  XLVII.— An    act  allowing  school  directors  to  certify  to 

their  several  reports  under  their  official  oaths 4 

No.  LII.— An  act  to  require  the  teaching  in  the  public  schools 
of  physiology  and  hygiene,  with  special  reference  to 
the  effects  of  alcoholic  drinks,  stimulants  and  narcotics 
upon  the  human  system 5 

No.  LXX.— An  act  to  provide  for  the  payment  of  appraisers  of 

the  sixteenth  section  lands 6 

No.  LXXXIX.— An  act  to  provide  for  county  uniformity  in 

text  books 7 

No.  CXV.— An  act  to  protect  the  county  school  funds 11 

No.  CXXL— An  act  to  amend  sections  7081  and  7085  of  Sandels 

&  Hill's  Digest  of  the  Laws  of  Arkansas 12 

No.  CXCVI.— An  act  to  prohibit  school  directors  from  employ- 
ing teachers  in  certain  cases 13 


ACT  XX. 

AN  ACT  to  amend  Section  7045   of  Sandels  &  HilPs: 
Digest. 

Be  it  enacted  hy  the  General  Assembly  oj  the  State  of 

Arkansas  : 

Section  1.  That  Section  7045  of  Sandels  &  HilPs 
Digest  of  the  Statutes  of  the  State  of  Arkansas  be 
amended  so  as  to  read  as  follows : 

The  directors  of  school  districts,  other  than  special 
school  districts,  may  expend  annually,  out  of  the  com- 
mon school  fund,  not  more  than  twenty-five  dollars 
($25.00)  during  any  one  year  for  any  school  under 
their  control  for  maps,  charts,  globes,  dictionaries  and 
other  apparatus  necessary  to  the  progress  of  the  school ; 
provided,  said  maps,  charts,  globes,  dictionaries  and 
other  apparatus  meet  the  approval  of  the  State  Super- 
intendent in  price  and  merit;  provided  further,  that 
said  expenditure  be  authorized  by  a  majority  of  the 
qualified  electors  of  any  school  district  making  said 
purchases  at  the  annual  school  election  previous  to  said 
expenditure. 

Sec.  2.  All  laws  and  parts  of  laws  in  conflict 
herewith  be  and  the  same  are  hereby  repealed,  and. 
this  act  take  effect  from  and  after  its  passage. 

Approved  February  22,  1899. 


ACT  XLVII. 


AN  ACT  allowing  school  directors  to  certify  to  their 
several  reports  under  their  official  oaths. 

Be  it  enacted  hy  the  General  Assembly  of  the  State  of 
Arkansas  : 

Section  1.     That  after  the  passage  of  this  act,  the> 


:aniiiial  and  enumeration  reports  of  the  directors  of  the 
-various  school  districts  of  the  State  of  Arkansas,  shall 
be  good  under  their  official  oaths,  when  signed  by 
them  officially;  ^provided,  that  any  director  or  school 
officer  who  certifies  falsely  to  any  such  report,  shall  be 
guilty  of  a  misdemeanor,  and  fined  in  any  sum  not  less 
than  five  dollars  ($5)  nor  more  than  twenty-five  dol- 
lars ($25). 

Sec.  2.  That  all  laws  and  parts  of  laws  in  conflict 
with  this  act  be,  and  the  same  are  hereby  repealed,  and 
that  this  act  take  effect  and  be  in  force  immediately 
after  its  passage. 

Approved  March  7th,  1899. 


ACT  LII. 


AN  ACT  to  require  the  teaching  in  the  public  schools 
of  Physiology  and  Hygiene,  with  special  reference 
to  the  effects  of  alcoholic  drinks,  stimulants  and 
narcotics  upon  the  human  system. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 

Arkansas  : 

Section  1.  That  Physiology  and  Hygiene,  which 
must  in  each  division  of  the  subject  thereof,  include 
special  reference  to  the  effect  of  alcoholic  drinks,  stim- 
ulants and  narcotics  upon  the  human  system,  shall  be 
included  in  the  branches  of  study  now  and  hereafter 
required  to  be  regularly  taught  and  studied  by  all  the 
pupils  in  the  common  schools  of  this  State. 

Sec.  2.  It  shall  be  the  duty  of  the  Boards  of  Di- 
rectors and  County  Examiners  to  see  to  the  observance 
of  this  statute  and  make  provisions  therefor ;  and  it  is 
especially  enjoined  upon  the  County  Examiner  of  each 


county  that  he  include  in  his  report  to  the  State  Super- 
intendent of  Public  Instruction,  the  manner  and  extent 
to  which  the  requirements  of  Section  1  of  this  act  are 
complied  with  in  the  schools  and  institutions  of  his 
county. 

Sec.  3.  After  two  years  from  the  passage  of  this 
act  no  license  shall  be  granted  to  any  person  to  teach 
in  the  public  schools  of  this  State,  who  has  not  passed 
a  satisfactory  examination  in  Physiology  and  Hygiene 
with  special  reference  to  the  effects  of  alcoholic  drinks ,^ 
stimulants  and  narcotics  upon  the  human  system. 

Sec.  4.  That  this  act  take  effect  and  be  in  force 
from  and  after  the  first  day  of  July,  1899. 

Approved  March  10  1899. 


ACT  LXX. 


AN  ACT  to  provide  for  the  payment  of  appraisers  of 

the  sixteenth  section  lands. 
Be  it  enacted  hy  the  General  Assembly  oj  the  State  of 

Arkansas : 

Section  1.  That  when  any  sheriff  in  any  county 
in  this  State  shall  summon  any  householder  to  view 
and  appraise  any  sixteenth  section  lands,  as  is  now  pro- 
vided by  law,  said  appraisers  shall  receive  for  their 
services  the  sum  of  one  dollar  and  fifty  cents  per  day 
for  each  day  they  are  engaged  in  such  service. 

Sec.  2.  That  it  is  hereby  made  the  duty  of  the 
sheriff  to  certify  to  the  county  court  the  number  of 
days  that  appraisers  shall  have  been  detained  on  or  by 
reason  of  such  services,  which  certificate  shall  be  suffi- 
cient evidence  for  the  auditing,  allowance  and  payment 
of  said  claim  by  said  county  court. 

Sec.  3.  That  this  act  take  effect  and  be  in  force- 
from  and   after  its  passage,  and  all  laws  and  parts  of 


laws  in  conflict  herewith  be,  and  the  same  are  hereby- 
repealed. 

Approved  March  22,  1899. 


ACT  LXXXIX. 


AN  ACT   to  provide  for  .county  uniformity  in  text 
books. 

Be  it  enacted  hy  the  General  Assembly  oj  the  State  of 
Arkansas  : 

Section  1.  That  the  electors  of  every  common 
school  district,  shall,  when  lawfully  assembled  in  annual 
district  school  meeting  on  the  third  Saturday  m  May, 
with  not  less  than  five  electors  present,  have  the  power, 
in  addition  to  the  powers  already  provided  by  law,  to 
vote  on  the  question  of  county  uniformity  in  text 
books. 

Sec.  2.  The  ballot  of  the  electors  shall,  in  addi- 
tion to  the  name  of  the  persons  voted  for  as  directors, 
and  the  words  "for  tax''  or  '^against  tax,''  have  written 
or  printed  on  it  "for  county  uniformity  or  "against 
county  uniformity." 

Sec.  3  The  county  court  at  its  regular  meeting 
for  levying  taxes  shall  open  the  returns  and  ascertain, 
in  addition  to  its  other  duties  as  now  provided,  whether 
the  majority  of  all  the  votes  cast  at  that  election  in  the 
county  be  "for  county  uniformity,"  and  if  such  be  the 
fact  the  county  clerk  shall  within  ten  days  thereafter 
so  certify  to  the  County  Examiner  and  to  the  State 
Superintendent  of  Public  Instruction. 

Sec.  4.  In  each  county  in  which  a  majority  of  all 
the  votes  cast  shall  be  "for  county  uniformity,"  the 
County  Examiner,  together  with  two  resident  teachers 
of  the  county,  holding  first  grade  certificates,  to  be  ap- 


8 

pointed  by  the  State  Superintendent  of  Public  Instruc- 
tion within  thirty  days  after  receiving  notice  as  in  Sec- 
tion 3,  and  two  citizens  of  the  county  interested  in  the 
public  schools,  to  be  appointed  by  the  county  judge 
within  thirty  days,  shall  constitute  the  County  School 
Book  Board,  who  shall  take  the  oath  of  office  prescribed 
by  the  constitution  of  the  State,  and  who  shall  serve 
until  their  successors  are  appointed  and  qualified  in 
like  manner. 

Sec.  5.     The    County  Examiner,   who     shall    be 
chairman  of  the  County  School  Book  Board,  shall  call 

its  members  to  meet  together  at  the  county  seat  in  the 
court  house  on  or  before  the  Third  Tuesday  in  Novem- 
ber, for  the  purpose  for  which  the  Board  is  constituted. 
The  Board,  after  its  organization,  shall  proceed  to  care- 
fully examine  and  compare  the  school  text  books  and 
their  prices,  which  may  be  submitted  for  its  considera- 
tion, and  shall,  within  sixty  days,  by  a  majority  vote  of 
all  its  members,  select  and  adopt  a  list  or  series  of 
school  text  books  on  the  following  subjects,  to-wit: 
Writing,  Spelling,  Reading,  Arithmetic,  Language 
Lessons,  English  Grrammar,  Geography,  History  of  Ar- 
kansas and  of  the  United  States,  Civil  Government  of 
Arkansas  and  of  the  United  States,  Physiology  and  Hy- 
giene and  Elementary  Algebra,  for  uniform  use  in  the 
common  school  districts  of  the  county  for  a  period  of 
six  years  from  and  after  their  adoption.  In  making 
such  adoptions,  the  County  School  Book  Board  shall 
give  due  consideration  to  the  school  text  books  which 
are  used  in  the  majority  of  the  school  districts  of  the 
county,  and  to  the  wishes  and  recommendations  of  the 
teachers  and  school  patrons,  as  may  be  expressed  to  the 
Board  by  petition  or  otherwise;  provided,  equally  as 
good  terms  can  be  obtained  for  the  regular  supply  of 


OF  THE  ^ 

UNlVEKSrj  V 

9 

the  books  already  in  general  and  satisfactory  use  in  the 
schools  of  the  county  and  for  any  exchange  of  books 
required  as  can  be  obtained  from  publishers  of  other 
school  books  of  equal  merit  and  workmanship ;  and, 
provided  Jurther,  that  no  school  books  shall  be  adopted, 
the  price  of  which  exceeds  the  price  at  which  said 
books  are  furnished  or  sold  to  school  patrons  in  any 
other  State  or  territory. 

Sec.  6.  The  County  School  Book  Board  shall  be 
in  session  not  to  exceed  ten  days  in  any  one  year  and 
each  member  of  the  Board  shall  receive  two  dollars 
($2)  per  day  for  each  day  he  shall  serve,  to  be  paid  out 
of  the  common  school  funds  of  the  county.  The  chair- 
man of  the  Board  shall  file  with  the  county  clerk  a 
statement  showing  the  number  of  days  each  member 
has  served,  and  the  county  clerk  shall  issue  his  warrant 
on  the  county  treasurer  in  favor  of  each  member  in  ac- 
<5ordance  with  such  statement,  payable  out  of  the  com- 
mon school  funds  of  the  county. 

Sec.  7.  The  County  Examiner  shall  keep  a  record 
of  tne  proceedings  of  the  County  School  Book  Board 
and  the  books  adopted  by  it  for  uniform  use  in  the 
schools  of  the  county,  with  the  contract  prices  of  the 
same,  of  which  adopted  list  and  prices  he  shall  give  due 
notice  to  the  teachers  and  school  directors  of  the  county 
by  circular  letters  or  otherwise.  The  books  so  adopted 
shall  be  brought  into  exclusive  use  in  all  the  public 
schools  of  the  county  as  soon  and  as  rapidly  as  practi- 
■cable ;  and  any  teacher  or  school  director  permiting 
any  other  book  or  books  than  those  adopted  by  the 
county  board  to  be  used  in  the  schools  under  their 
charge  after  one  year  from  the  dat^  of  their  adoption, 
shall  be  subject  to  a  fine  of  not  less  than  fifteen  dollars 
($15),  and  any  person  selling  any  book  so  adopted  to  a 


10 

school  patron  at  a  price  greater  than  the  contract  price 
thereof,  shall  be  subject  to  a  fine  of  not  less  than  ten 
dollars  ($10);  provided,  that  nothing  in  this  act  shall 
be  so  construed  as  to  prohibit  any  board  of  school 
directors,  superintendent  or  teacher,  from  using  readers 
or  other  books  for  supplementary  purposes,  but  no  such 
supplementary  book  shall  take  the  place  of  any  adopted 
book  on'  the  county  list. 

Sec.  8.  That  before  any  school  book  may  be  law- 
fully adopted  by  any  County  School  Book  Board  in  this 
State,  its  publisher  shall  deposit  in  the  office  of  the 
State  Superintendent  of  Public  Instruction,  a  sample 
or  standard  copy  thereof,  with  its  regular  wholesale  or 
mailing  price  plainly  written  or  stamped  therein,  to- 
gether with  a  written  proposition  to  furnish  such  school 
books  to  any  school  or  school  board,  or  to  their  author- 
ized agent  at  the  lowest  wholesale  or  mailing  price 
thereof.  And  any  publisher  making  a  proposition  to 
the  State  Superintendent  for  furnishing  school  books 
in  this  State,  shall  file  with  the  Auditor  af  State  a  du- 
plicate copy  of  his  or  their  proposition  to  the  State 
Superintendent,  and  shall  enter  into  a  bond  to  and  witk 
the  State  of  Arkansas  in  the  sum  of  twenty  thousand 
dollars  ($20,000)  for  the  faithful  performance  of  his  or 
their  stated  proposition .  Said  bond  to  be  made  through 
some  reputable  guaranty  company. 

Sec.  9.  That  each  County  School  Book  Board,, 
before  adopting  any  text  books,  shall  require  its  pub- 
lishers to  deposit  in  the  office  of  the  County  Examiner 
a  sample  or  a  standard  copy  of  the  same,  and  after  its 
adoption,  shall  require  said  publisher  to  enter  into  con- 
tract with  it,  to  furnish  said  text  books  so  adopted  for 
the  entire  period  of  its  adoption  and  use  in  the  schools 
of  the  county  at  its  lowest  wholesale  or  mailing  price  as 


11 

certified  by  the  State  Superintendent ;  and  shall  require 
the  publisher  of  each  and  every  school  book  so  adopted 
to  guarantee  and  maintain  the  mechanical  quality  and 
execution  of  such  book  equal  j^thq ^§g[^ple  or  standard 
copy  thereof  filed  in  the  ofifice^^l.^tl^jjpo^jity  Examiner^ 
and  no  County  School  Bo0^.Jg<^i^5fhall  adopt  any 
school  book  whose  publisher  ^pl^j^g^hfye  complied  as- 
to  said  book  with  the  provisioj:^s^^J^i|fg^t; 

Sec.  10.  Board  of  Direc^<^{o5|gggcial  school  dis- 
tricts in  any  county  which  shall  .^g^^f^  uniform  series 
of  books,  as  provided  in  this  a.(^^  ^feftP  bave  the  option 
of  adopting  the  county  uniform  ^eries  or  a  different, 
series,  in  whole  or  in  part,  for  use^i^^its  schools. 

Sec.  11.  In  counties  in  which  the  vote  is  **againsi 
uniformity''  there  shall  be  no  change  in  the  school 
books  in  use  in  the  public  schools  therein  for  one  year^ 
provided,  the  publishers  of  the  books  so  in  use  shall 
furnish  them  upon  the  same  terms  as  the  same  books 
are  furnished  in  counties  voting  ^'for  county  uniform- 
ity," recording  to  the  provisions  of  this  act. 

Sec.  12.     All  laws  and  parts  of  laws  in  conflict 

with  this  act  are  hereby  repealed,  and  this  act  shall  be 

in  force  from  and  after  its  paasage. 
Approved  March  31,  1899. 


ACT  CXV. 


AN  ACT  to  protect  the  county  school  funds. 

Be  it  enacted  hy  the  General  Assembly  oj  the  State  of 
Arkansas : 

Section  1.  It  shall  be  the  duty  of  each  County 
Clerk  in  this  State  to  keep  in  his  office  a  suitable  and 
well  bound  book,  in  which  he  shall  register  all  district 
school  warrants  and  warrants  on  the  general  school 


12 

fund  of  his  county  that  may  be  presented  to  him,  in 
which  he  shall  show  the  number,  date  and  amount  of 
said  warrants,  in  whose  favor  drawn,  and  when  can- 
celled by  the  CdQfity  Gdtt-t.  He  shall  also  number  said 
warrants  as  th^^^i^^-lgistered  in  said  book  and  en- 
doise  on  each  ^%^r^&e^®'  and  sign  the  same  officially. 

Sec.  2.  If^^HMlf^fe''  unlawful  for  the  County 
Treasurer  of  %fii§^l^t^^fb  pay  any  school  warrant  be- 
fore the  same'MM^t^^  been  registered,  as  provided 
in  section  1  of  ^imk\  ^' 

Sec.  3,  It  ^Mf  bfe^ unlawful  for  the  County  Court 
to  allow,  and  said^%ourt  is  hereby  prohibited  from, 
allowing  the  Count^^  Treasurer  credit  for  any  warrant 
or  part  of  a  warrant,  until  said  warrant  is  presented 
and  canceled  in  said  treasurer's  settlement  with  said 
<30urt. 

Sec.  4.  That  all  laws  and  parts  of  laws  in  con- 
:flict  herewith  are  hereby  repealed,  and  this  act  shall 
take  effect  and  be  in  force  from  and  after  July  1, 
1899. 

Approved  April  33,  1899. 


ACT  CXXI. 


AN  ACT  to   amend  Sections  7081   and  7085  of  San- 
dels  &  HilFs  Digest  of  the  Laws  of  Arkansas. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Arkansas  : 

Section  1.  That  Section  7081  of  Sandels  &  HilPs 
Digest  be  amended  so  as  to  read  as  follows: 

It  shall  be  the  duty  of  the  county  treasurers,  im- 
mediately upon  receipt  by  them  of  any  school  funds 
to  give  notice  of  the  amount  and  kind  of  funds  re- 
ceived, and  from  what  source  received,  by  written  or 


13 

printed  notices  put  up  in  two  public  places  in  each 
and  every  school  district  and  at  the  court  house  door, 
and  the  funds  so  received  shall  be  paid  out  on  the 
warrants  registered  in  accordance  with  the  provisions 
of  the  preceding  section. 

Sec.  2.  That  Section  7085  of  Sandels  &  HilPs 
Digest  be  amended  so  as  to  read  as  follows: 

The  order  of  any  board  of  directors  properly  drawn 
after  the  passage  of  this  act,  shall  be  presented  to  the 
Treasurer  of  the  proper  county  within  sixty  days  after  it 
was  drawn  by  the  said  Board  of  Directors.  All  such 
orders  shall  be  paid  in  the  order  of  their  presentation ; 
provided^  this  act  shall  not  apply  to  school  warrants 
registered  prior  to  May  1,  1899. 

Sec.  3.  That  all  laws  and  parts  of  laws  in  conflict 
herewith  are  hereby  repealed,  and  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  April  17,  1899. 


ACT  CXCVI. 


AN  ACT  to  prohibit  school   directors  from  employing 

teachers  in  certain  cases. 
Be  it  enacted  by  the  General  Assembly  oj  the  State  of 

Arkansas  : 

Section  1.  That  hereafter  it  shall  be  unlawful 
for  any  Director  or  Board  of  Directors  in  any  school 
district  in  this  State,  to  employ  a  teacher  to  teach  a 
school  in  any  district  in  this  State  unless  said  district 
has  money  to  its  credit  in  treasury  of  the  county  in 
which  said  district  is  located,  to  pay  said  teacher  for 
such  work;  provided,  that  if  the  amount  of  taxes  to  be 
paid  in  by  the  collector  of  any  county  shall  be  sufficient 
to  have  a  school  taught  in    any  district  in   which  such 


14 

taxes  are  to  be  paid,  then  the  Directors  shall  have  the 
power  to  employ  teachers  to  teach  a  school  in  such  dis- 
trict; provided  Jurther,,  that  a  majority  of  the  patrons 
of  any  school  district  in  this  State  shall  at  all  times 
have  the  right  to  petition  said  Board  of  Directors  to 
employ  a  teacher  and  cause  a  school  to  be  taught  in 
any  district  whenever  they  so  desire;  provided  jurther^ 
that  said  Directors  do  not  pay  more  for  services  of  said 
teacher  than  would  be  necessary  to  pay  said  teacher  for 
said  service,  if  said  money  were  in  treasury. 

Sec.  1.  That  any  Board  of  Directors  violating 
this  law  shall  be  fined  in  any  sum  not  less  than  ten 
nor  more  than  one  hundred  dollars. 

Sec.  3.  That  all  laws  and  parts  of  laws  conflict- 
ing with  this  act  be  and  are  hereby  repealed,  and  that 
this  act  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  May  8,  1899. 


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